DIVORCE SUIT
1- Divorce case is a type of civil lawsuit filed for the termination of the marriage union with the divorce decision of the court. Divorce cases can be filed in two different ways, as uncontested and contested divorce cases.
2-How the divorce case will be opened depends on which of the contested or uncontested divorce cases is preferred. However, both types of divorce cases are filed in the Family Court. One of the parties who want to divorce can file a divorce case in the Family Court by attaching two copies of the petition, the documents that it wants to add, if any, and a photocopy of the identity card. The petition for divorce should also include the reasons for the divorce, how to prove these reasons, the names, surnames and addresses of the witnesses, the documents or records in the possession of some institutions that are requested to be brought from the court in writing.
HOW TO OPEN A CONTRACTIVE DIVORCE CASE?
1-Contested divorce cases are divorce cases in which the facts constituting the basis for divorce are contested between the parties. A contested divorce case can be filed on the basis of both "general" and "special" divorce grounds, which are regulated between Article 161-article 166 of the Civil Code:
2- General reasons for divorce in a contested divorce case: For example, severe incompatibility, constant arguments due to temperament incompatibility, threats, insults, violence, distrust-shattering behaviors, avoidance of sexual intercourse, forcing the spouse to have sexual intercourse in an unnatural way, abuse of the spouses to family members, insulting. Unlimited number of reasons, such as not fulfilling the marital obligations, causing the marital union to be shaken from its foundation, which should be evaluated separately in each case, can be among the "general reasons for divorce". General reasons for divorce can be defined as any event that shakes the foundation of the marriage union.
3-Special reasons for divorce in a contested divorce case: There are a limited number of specific reasons for divorce in the Civil Code. Except for these reasons specified in the law, a lawsuit cannot be filed based on a special reason for divorce. The spouse who filed a contentious divorce case based on private divorce grounds is only obliged to prove the private divorce reason. There is no obligation to prove that the other party is at fault. The reasons for filing a contentious divorce case based on specific divorce grounds are as follows:
-Contested divorce case due to adultery (cheating),
-Contested divorce case due to life intent, bad or dishonorable behavior,
-Committing a crime and leading a dishonorable life,
-Contested divorce case based on reason for abandonment,
-Contested divorce case based on mental illness.
4- In a contested divorce case, not only the reasons for divorce, but also which party is more at fault in the divorce, material and moral compensation, alimony, custody, sharing of household goods, etc. It is a type of litigation in which there is contention on such matters.
HOW TO OPEN A CONTRACTED DIVORCE CASE?
1-Contractual divorce case can be filed in a family court in any courthouse. The domicile of the parties is irrelevant for the determination of the competent court. The parties can file an uncontested divorce case in the family court of a courthouse they deem appropriate. The most important element of the uncontested divorce case is considered to be the uncontested divorce protocol. The family court decides on divorce based on the agreed divorce protocol prepared by the parties.
2-The procedures applied in the contested divorce case are not applied in the uncontested divorce case; that is, the hearing date is given directly by passing the stages such as sending a notification to the other party, a reply petition or a preliminary examination stage. The protocol prepared and signed by the parties is approved by the family court judge at the hearing and a divorce decision is made.
WHERE IS THE DIVORCE CASE OPENED? AUTHORIZED AND AUTHORIZED COURT
1- The divorce case is filed in the family court. The family court makes judgments according to the general provisions, taking into account the special procedural rules in Article 184 of the Turkish Civil Code.
2-As we explained above, an uncontested divorce case can be filed in the Family Court of any courthouse. For example, even if the parties reside in Istanbul-Bakırköy, they can file an uncontested divorce case in the Family Court of Istanbul Anatolian courthouse.
3-There are some rules of authority in a contested divorce case. The court authorized to deal with the contested divorce case is determined as follows:
- A contested divorce case can be filed in the family court of the defendant's place of residence.
- A contested divorce case can be filed in the family court of the plaintiff's settlement.
- A contested divorce case can be filed in the family court of the spouses who want to divorce in the place where they have resided for the last 6 months.
WHAT IS THE COST OF A DIVORCE ACTION? HOW MUCH IS THE FEE TO FILE?
The plaintiff has to pay the court fees and expenses in advance to the court clerk. Just filing a divorce petition to the court without paying the litigation fees and expenses does not ensure that the case is heard. If the fees and expenses are paid incompletely at the beginning of the case, the judge gives the plaintiff time to complete the fees and expenses. At the end of this given period, litigation fees and expenses are paid.If not, it is decided that the case will be considered unopened.
HOW TO GIVE A DIVORCE POWER OF ATTORNEY TO THE LAWYER?
1-Of course, a power of attorney must be given to a lawyer in order to open and continue the divorce case with the help of a lawyer. This power of attorney is required in order to carry out all business and transactions in the court as a proxy during the lawsuit. People living in Turkey can give power of attorney to their lawyers through a notary public, while people living abroad can give a power of attorney to lawyers in Turkey through the consulate. However, special powers of attorney are required for some special cases. Divorce cases are one of these special cases.
2- Generally speaking, a person should give a special divorce power of attorney to his lawyer in order to get a divorce from his wife, to ask for custody of his children, to demand alimony or compensation. In this power of attorney prepared in the notary, all these powers should be listed and especially these power of attorney should have a photograph. It is not necessary for the lawyer to be at the notary public for the preparation of the power of attorney to be given to the lawyer. Individuals can go to the notary on their own, report the power of attorney information of the relevant lawyer to the notary and prepare the power of attorney.
3- It is possible for people abroad to go to the relevant consulate and issue a power of attorney, for example, to a divorce lawyer in Kayseri. In this case, the person concerned will send this prepared power of attorney to his lawyer and will be able to enable his lawyer to file a lawsuit for the type of case he wants without himself.