Rights of Parties After Divorce and Divorce Decision
Contracted and Contentious Divorce, Compensation, Alimony, Custody, Property Sharing
The divorce case is settled in two ways, contracted and contentious.
In practice, divorce is seen in Two ways: a contracted and contentious divorce case.
The parties mutually agree on all the consequences of divorce and divorce, and if the marriage lasts at least 1 year, the judge decides to divorce in one hearing. For this, the divorce protocol must be submitted to the authorized and authorized court along with the divorce petition.
If the parties cannot agree on all the consequences of divorce and divorce, then a contentious divorce case must be filed on the basis of one of the reasons specified in the law. In order for the case to be accepted in the contentious divorce case, it must be equal or less flawed by the party that filed the case. The judge cannot decide on a contested divorce case without at least 3 hearings.
The party that is at fault in the divorce case can claim the financial and moral damages suffered by the other side.
In the divorce case, the filing party may also claim the financial and moral damages suffered by the divorce request. Whether the pecuniary compensation is related to the ancillary of the divorce or not, while calculating the base value of the expenditure, it should also be clearly stated to the court.
In the divorce case, the party whose economic power is low compared to the other side, on the other hand, can claim alimony for the child(s) if it is for him or her and the party that has the right to custody.
There are 4 types of alimony in Turkish law: poverty, participation, aid and precautionary alimony.
The judge investigates the social and economic situation of the parties in the divorce case and may rule that the party with a lower economic situation than the other side shall be given poverty alimony after the decision is finalized.
The judge, or the party holding the right of custody after the divorce decision is finalized, may order that the child support be given to the child by taking it from the other party.
The precautionary alimony is given while the divorce proceedings are ongoing. The judge may order that the party deemed appropriate should be given alimony by taking it from the other side. After the decision is finalized, the measure alimony is converted into poverty or participation alimony.
Welfare alimony is not the subject of a divorce case. A person over the age of 18 can file a lawsuit on his or her own behalf to receive child support from their parent who pays child support.
In the divorce case, the judge grants custody to the party he deems appropriate.
The judge who handles the divorce case has broad powers and discretion and grants custody to the party he deems appropriate. However, the judge’s decision is not absolute. If the necessary evidence is presented to the court, the judge can always change his decision regarding custody.
Usually in Turkey, custody of the little boy is given to the mother. However, in very exceptional cases, custody is given to the father. However, the judge may also decide to establish a personal relationship between the child and the other party to whom he has not given custody.
When filing for divorce, one of the parties can also file for property sharing.
There can be no property sharing case until the divorce case is finalized. However, with the divorce case, a lawsuit can be filed with a request for measures to prevent the other party from smuggling goods. In this case, the property division case makes the divorce case a pending issue and the property division case is heard after the divorce decision is finalized.
If the property division case has not been filed together with the divorce case, then the property division case can also be filed separately.