Uncontested divorce is explained in Article 166 of the Turkish Civil Code. The first condition for an uncontested divorce is that the marriage lasted at least one year.The parties cannot apply for uncontested divorce if the marriage lasted less than one year. Another condition of an uncontested divorce is that the marriage is shaken to its foundations. The fact that the foundation of the marriage is shaken means that the joint life between one or both parties of the marriage becomes unbearable. One of the conditions of the uncontested divorce case is that the parties reach an agreement on every issue. If the parties do not come to an agreement on all issues, an uncontested divorce case cannot be filed. When filing an uncontested divorce case, there must also be a protocol that has been jointly signed and agreed upon by both parties.
In divorce cases, if the parties cannot agree on the essentials of the divorce, the case to be filed is the Contested Divorce Case. In matters on which the parties cannot agree, the court will decide on the basis of the parties' faults, economic status, social status, witness statements, evidence, expert reports, expert reports, etc.
In divorce cases, the duration primarily depends on whether the case is filed as an Uncontested Divorce Case or a Contested Divorce Case. Uncontested divorce cases usually end in a single session if the parties come to the hearing.
In Contested Divorce cases, the duration is variable. The main factors affecting the duration are the contentious points of the case. In Contested Divorce Cases, the factors affecting the duration are generally issues such as whether there is a request for material and moral compensation, whether there is a request for alimony, whether there is a request for custody, whether there is a request for dowry and goods, the number of witnesses, whether there is a need for expert examination.
Divorce cases cannot be filed with a General Power of Attorney. A special type of power of attorney must be issued in order to exercise the right to divorce, which is a strictly personal right. Unlike many other cases, it will be necessary to submit the original power of attorney to the case file. In the content of the power of attorney, the divorce request must be clearly written. The power of attorney in divorce cases must have a photograph. With a power of attorney that meets these conditions, the divorce case can be filed through a lawyer.
The main jurisdiction in divorce cases is the Family Court. Where there are no Family Courts, divorce cases are filed in the civil courts of first instance, which is the general court. Civil Courts of First Instance will deal with divorce cases in the capacity of Family Courts.
The question of where to file a lawsuit will be answered according to the Code of Civil Procedure (HMK). According to HMK, there is not one competent court for divorce cases. There are various competent courts where the divorce case can be filled. One of them is the court of residence of one of the spouses. The second is the court of the place where the spouses have resided together in the last 6 months. The last competent court is the court of the domicile of the defendant. Divorce can be filed in any of these three jurisdictions.
There are many reasons stated in the law for divorce. The main idea of divorce is that it is very unlikely to expect "continuation of the marriage" from any of the parties. The most common dispute in divorce cases is "irretrievable breakdown of marriage."Differences in culture and lifestyle of the spouses can cause severe irretrievable breakdown of marriage. However, this breakdown must be so severe that the continuation of the marriage cannot be expected.
If the decision of the court in the divorce kâse is not appealed by the parties, the case will be finalized. In case of appeal by the parties, the case becomes final with the approval decision of the Supreme Court. The process after the finalization is handled by the Court Clerk. In this process, the court clerk sends the decision containing the finalization annotation to the Population Directorate, usually within one week after the finalization (with a 30-day statutory period) and ensures that the decision is registered in the population register. In this way, the divorce decision is finalized and registered in the population.
If the decision of the court in the divorce case is not appealed by the parties, the case will be finalized. In case of appeal by the parties, the case becomes final with the approval decision of the Supreme Court.
The process after the finalization is handled by the Court Clerk. In this process, the court clerk sends the decision containing the finalization annotation to the Population Directorate, usually within one week after the finalization (with a 30-day statutory period) and ensures that the decision is registered in the population register. In this way, the divorce decision is finalized and registered in the population.
If your spouse insults you in oder to open a lawsuit, you will have two possibilities.First, if you agree to divorce, you can file a divorce case on the ground of serious insults, threats and violence. In this way, you will be entitled to non-pecuniary damages by proving evidence that your spouse is at serious fault in the divorce. In addition, you will be able to complete the case in the way you want.
As we have explained before, the main idea behind divorce cases is to prove that the marriage has become unbearable for one party. There are many proof methods for divorce cases. At the first place we can think about witnesses. Witnesses can prove your spouse's fault by describing the events in divorce cases. The important point here is that the witnesses are chosen not from the people who heard about the events, but from the people who witnessed the events themselves. The subjects to be told by the witnesses should be related to the faults of the spouse.
Divorce will only change the person's marital status. The status of windowed persons in the old law has been abolished and divorced persons are now registered as single in the Population Register. If the divorced person is a woman, she can change her name to her maiden name. But if she proves her right in using her husband's surname, her surname will remain unchanged. After divorce, spouses cannot inherit from each other. Since this type of inheritance exists with marriage, it will end with the divorce. At the end of the divorce case, the court can also award compensation.
There is no obligation to be represented by a lawyer in divorce cases. However, it will be beneficial for the parties in terms of both time and economic reasons, especially in case of high demands, it is advised to hire a lawyer who has a lot of experience in this field. The possibility of losing your legal rights in the case can be significantly eliminated when your case is represented by a lawyer which deals with technical matters such as presenting evidence, dealing with procedural proceedings, the timely submission of the petitions and the statements during the hearing.
What can I do? In divorce or civil cases, bar associations can provide free legal services to people in need. However, in any case, individuals have to cover the court fees and expenses themselves.When you apply to the legal aid department of the bar associations in your province, the bar association will direct you to a lawyer. In line with the lawyer's statement, if the person has the ability to pay, the bar association will demand the amount paid to the lawyer for the attorney's fee back from the person benefiting from Legal Aid. Legal Aid is a support provided to people who are financially incapable.
As a general rule, litigation costs are fixed in Divorce Cases. It is not required to pay additional fees for compensation and alimony, which are secondary requests to the divorce.However, if the cost of dowry, jewelery or household goods is requested in addition to these requests, the fee will be paid separately over these prices. The relative fee will be determined in line with the price you request. With the new Civil Procedure Law, elements such as Number of Witnesses, Request for Experts, Request for Exploration will be charged separately while filing a lawsuit, and will be collected from the plaintiff in advance while filing the lawsuit.
If the parties cannot legally come together for 3 years after the divorce case is rejected and finalized, the court will decide to divorce on the grounds of "Separation by Deed" when one of the parties files a divorce case. The main rule for this is that the parties live separately for 3 years uninterruptedly after the date of the rejection of the divorce.
Divorce is one of the rights that cannot be exercised independently of the request of individuals. However, since the person has filed the lawsuit, it is deemed that he or she has requested the divorce. In this case, the legal heirs can proceed with the divorce case. The rationale for continuing the divorce case is to prove the fault of the other party. If the fault of the other party is proven, even if the plaintiff spouse dies before the divorce takes place, the spouse at fault will be deprived of inheritance as if the divorce has taken place.
It doesn't matter who filed the divorce case. Only if the party filing the divorce case cannot prove his or her case, the court will not grant a divorce decision. The party filing the divorce case is under the burden of proof for the divorce to take place.
The most frequently asked question by the parties in Divorce Cases is who will file the divorce case. It doesn't matter who starts the divorce case. The spouse filling the case is liable to pay the fees and expenses. In addition, he ior she is obliged to prove the fault of the opposing party in the divorce case. For example, if the plaintiff claims that her husband is cheating on her, she must prove this with various evidences. In addition, the defendant is obliged to prove that this is not true, and if he has a counter-argument, he should put it forward in his counter-claim.
In the divorce case, the judge may decide on divorce, according to his personal opinion and the evidence collected, or he or she may decide on separation. If the Family Court sees the possibility of the parties coming together and reconciling the judge will issue a decision of seperation. If the separation case is accepted, the possibility of reconciliation in marriage will be expected. If a separation decision is made, the judge will decide on the duration of separation which can last between 1 and 3 years. This period starts from the date of finalization of the decision. If there is a reconciliation of the parties during this period, the separation decision will come to an end. The separation decision will also come to an end when the separation period specified in the Court's decision expires or if the parties still have not reconciled after the deadline.
The long duration of divorce cases is not only a situation specific to divorce cases in our country. All lawsuits filed in our country, especially in big cities, take a long time. In big cities, a period of at least 2-3 months is given between hearings. This is related to the abundance of files and workload. In the uncontested divorce files opened in big cities, it is seen that the hearing days are given 2-3 months later, while in small places it can be given even the next day.
It is a frequently asked question to us. Even if your marriage has not lasted one year, a contested divorce can be filed in a single session. Apart from the fact that this case can be finished in a single session in terms of procedure, there are some differences from uncontested divorce cases.
There is no obligation to hire a lawyer in any case, whether it is an uncontested divorce case or a contested divorce case, including other cases. However, divorce is a very technical issue and the slightest mistake will have irreparable results in the future. Essentially, this question asks a doctor, "Do I need a doctor for my surgery? ' is the same as the question. Courthouse corridors are full of people who try to follow the case without consulting a lawyer. Representing a case is definitely not a job that everyone can do, I recommend that you work with a good divorce lawyer so that you do not lose your rights and do not waste your time.
In case the tenant which has signed a lease contract of six months or more does not pay the rent within thirty days, despite the notification of the warning he or she will be in default. For lease contracts with a shorter duration, the obligation of payment is six days. Accordingly, the lessor will issue a warning to the tenant who does not pay the due rent, and with this notice, he or she will both notify the 30-day period for payment and clearly state that he or she will terminate the contract at the end of this period. In addition, the amount of unpaid rent must be stated in the notice. If the tenant pays the rent at the end of the given settlement, there is no problem. Even if the lessor requests more rent in the warning letter, the tenant has to pay the undisputed rental price within 30 days. Otherwise, he or she will be in default. The lawsuit can be filed at the end of the 30-day period. There is no need to wait till the end of the lease term.
How long does an uncontested divorce case take? Since the uncontested divorce case is a case that ends in a single session, the parties generally think that this case will be finalized in a few days. But unfortunately, in a divorce case filed without a lawyer, the hearing date is not given before 3-4 months. However, if a lawsuit is filed through a lawyer, the hearing date will be in about 10 days.
It is sufficient for the additional party to give a power of attorney to a lawyer. It is not necessary that both parties give a power of attorney.
The lessor or the owner can file a lawsuit for rent determination. At the latest 15 days before the end of the lease agreement, the notice or lawsuit petition must be notified to the tenant. In case of non compliance with this rule, the rent determined by the court will be valid from the next rental period. If the warning is sent within the specified period, a lawsuit can be filed until the end of the period. If there is a special condition regarding the rent increase in the lease, this condition binds the parties in the first renewed period. Again, if there is a special condition in the contract that the rent will increase every year, there is no need to issue a warning. A lawsuit can be filed at any time until the end of the term.
In uncontested divorce cases, each lawyer may give different prices. We charge an average of 2000 TL.
The new Foreign Investments Law was enacted on 05.06.2003 in order to reduce the problems that foreign investors face while investing in Turkey and to attract more foreign investors to Turkey. In accordance with its counterparts in other countries, the Foreign Direct Investment Law reduces bureaucracy by 70% in the establishment of companies and branches and eliminates the necessity of obtaining preliminary permission. This Law eliminates the differences between Turkish citizens or foreigners establishing a company in Turkey.
In order for divorce cases to be concluded as soon as possible, a good file follow-up is also necessary. In addition to our judicial system, which has difficulties due to the workload, personal mistakes will also prolong this process. It is a known fact that lawyers who are known as divorce lawyers among the people and who are experts in divorce cases shorten this period and reach the desired result in the shortest time. Of course, other demands other than the divorce decision, which we will mention below, also affect the divorce process. The most important condition for the parties to divorce as soon as possible is that they have agreed on divorce and other issues.