September 23, 2024
Family Law
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Divorce means the end of a marriage, and there are two types of divorce cases under the Turkish Civil Code: consensual divorce cases and contested divorce cases. These two types of divorce differ in terms of the process, child custody, and finalization times. For couples who want to file for divorce in Çorlu and its surroundings, getting legal support is very important both for the healthy conduct of the process and for the parties to protect their rights. In this article, we will answer all the questions about the divorce process.
In order to file a divorce case, first of all, one of the spouses must apply to the competent court. The divorce case can be filed by applying to the family court where the spouses last lived together or to the family court in the place where one of the parties resides. If the parties live separately, the case can also be filed in the court where one of the spouses resides.
When filing a case, the reasons for divorce, the status of the children, if any, alimony and compensation requests, etc. should be stated in the petition. The divorce petition is one of the most important documents of the process and should be supported by legal arguments. Getting help from a lawyer at this stage will ensure that the petition is prepared completely and legally correctly.
A consensual divorce case is a type of case filed when the parties agree on a divorce. In this case, the parties must have reached an agreement on issues such as divorce, property division, alimony, compensation, and child custody. There are certain conditions for filing a consensual divorce case:
In consensual divorce cases, the parties must be present at the hearing in person. The judge decides on the divorce after determining that the parties’ consent was obtained with their free will.
A contested divorce case is a type of case filed when the parties cannot agree on issues such as divorce, alimony, custody. In a contested divorce case, the case process can be longer and more complicated because there is no agreement between the parties. In such cases, proving the reason for the divorce is of great importance. The parties present evidence and witnesses are heard according to the alleged reasons for divorce.
In contested divorce cases, representing the parties through a lawyer contributes to a faster and more effective conclusion of the case.
In divorce cases, custody of children is determined by considering the best interests of the child. In deciding who will be given custody, the judge takes into consideration factors such as the child’s age, the financial situation of the parents, and who the child can live a better life with. If the child is a minor, custody is usually given to the mother, but the specific circumstances of each case are evaluated. If there is a disagreement between the parties, a detailed review is conducted on the custody issue and expert reports are obtained.
Divorce cases are heard by the Family Courts. Parties who will file for divorce in Çorlu should apply to the Çorlu Family Court. If there is no family court in your area, the Civil Courts of First Instance can handle divorce cases as family courts.
In divorce cases, attorney fees vary depending on the type of case and complexity of the process. Since consensual divorce cases are usually concluded in a shorter period of time, attorney fees may be lower. In contested divorce cases, the length of the case process and the number of disagreements between the parties are factors that affect attorney fees. The minimum attorney fee tariff determined by the Union of Turkish Bar Associations every year can also be a guide in this regard. Attorney fees for a divorce case in Çorlu can generally vary between 30,000 TL and 150,000 TL, but this figure may increase depending on the nature of the case.
Contested divorce cases may last between 1 and 3 years in the first instance court, depending on the number of disagreements between the parties and the evidence collection process. During the case, the court listens to witnesses, evaluates evidence and obtains expert reports when necessary. This entire process may prolong the duration of the case.
Consensual divorce cases are usually concluded in a shorter period of time because the parties reach an agreement. Once a hearing date is set, the case is usually concluded in one or two hearings. Therefore, consensual divorce cases can be completed in an average of 1 to 3 months.
The most obvious difference between consensual and contested divorce cases is whether the parties have disagreements about the divorce and its consequences. In consensual divorces, the parties agree on all issues, while in contested divorces, there are disagreements between the parties. While the consensual divorce process is shorter and less costly, contested divorce cases can take longer and have a more complicated process. In addition, there is a burden of proof in contested divorce cases and the parties must present evidence.
Getting legal support in divorce cases is extremely important for the healthy management of the process. An experienced divorce lawyer in Çorlu protects the rights of the parties in both consensual and contested divorce cases, ensuring the best outcome of the case. In addition, by providing correct guidance on critical issues such as property division, alimony and custody during the divorce process, it prevents the parties from losing their rights.
The divorce process can be a difficult period for the parties, and taking the right steps during this process is of great importance. Whether it is a consensual or contested divorce case, getting legal support in both cases is of critical importance in terms of protecting your rights. Lawyers in Çorlu can make this process easier for you with their experience in local courts and legal knowledge.
We are here for you for expert legal and mediation services in Çorlu. Contact us to answer your questions, guide you through your legal processes and offer the best solution.
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