Contested Divorce Case: What is it and How to File?
In this article, we aim to provide basic information in a brief and understandable manner about divorce lawsuits due to the irretrievable breakdown of the marriage union (contested divorce lawsuit), which are filed when the marriage union becomes intolerable for the parties. In practice, this lawsuit is also known as a "divorce lawsuit due to severe incompatibility".
Within the scope of Article 166/1 of the Turkish Civil Code, this lawsuit ensures that a divorce is decided if the marriage union is broken down to an unsustainable degree. In this context, the most frequently asked questions in practice, such as what a contested divorce lawsuit is, under what circumstances it can be filed, who can file it, which court has jurisdiction, and how the lawsuit process progresses, are addressed.
What is a divorce case due to irretrievable breakdown of marriage?
This is a divorce case filed in the event that the marriage union between the spouses is broken to such an extent that they cannot be expected to continue their common life. With this case:
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Termination of the marriage union is ensured.
* Alimony and compensation requests can be put forward. * Issues such as custody and property division come to the fore.
This matter is based on the provision of Turkish Civil Code Art. 166/1.
In which situations is a contested divorce case filed?
This case is especially filed in the following situations:
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Persistent arguments and incompatibility between spouses
* Existence of trust-shaking behaviors * Effective termination of the marriage union * Inability to maintain common life
What is important in this case is that the marriage union has been broken to its foundation.
Who can file a contested divorce case?
This case can be filed by each of the spouses.
Against whom is a contested divorce case filed?
This case is filed against the other spouse. This case is a constitutive action by its nature, and an action for performance in terms of its adjuncts.
What is the competent and authorized court in a contested divorce case?
The competent court is the Family Court. The authorized court is the court of the place of residence of one of the spouses or where the spouses last lived together for six months.
Is there a time limit for a contested divorce case?
In a divorce case due to irretrievable breakdown of marriage, there is no special prescriptive period determined by law. However, it is important to file without delay in terms of currentness and proof of events.
What should be done before filing a contested divorce case?
The following issues are important before filing a lawsuit:
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Determination of events and evidence
* Identification of witnesses * Preparation of written documents if any * Planning of alimony and custody requests
These preparations can directly affect the outcome of the case.
How does the process progress in a contested divorce case?
The lawsuit process generally consists of the following stages:
- A lawsuit is filed in the Family Court. 1. The lawsuit petition is notified to the other party. 1. Statements of the parties are taken. 1. Evidence is collected. 1. Witnesses are heard. 1. The court decides on divorce and adjunct requests.
How long does a contested divorce case take?
The duration of the case varies according to the characteristics of the concrete case, but results are generally achieved within 2 to 3 years in practice. Evidence status and number of witnesses can affect the duration.
The information on this page is for general awareness. Legal evaluations may vary based on the
specifics of each case. It is important to obtain legal support for an evaluation specific to
your concrete situation regarding divorce requests based on the irretrievable breakdown of the
marriage union.FREQUENTLY ASKED QUESTIONS ABOUT CONTESTED DIVORCE
The information on this page is prepared for general information purposes. Legal evaluations may vary depending on the characteristics of each case. In order to obtain an evaluation specific to your concrete case regarding divorce requests based on irretrievable breakdown of marriage, it is important to obtain legal support.