What is Contested Divorce?
What is Contested Divorce? It is a legal process where disagreements between spouses are taken to court and the divorce process takes place in a contentious manner. This process is a legal solution typically sought by couples experiencing disagreements on material and emotional issues.
- Legal Definition: Contested divorce is a type of divorce that is filed with the court under certain conditions according to the Turkish Civil Code.
- Causes and Reasons: Disagreements between spouses can usually stem from financial, emotional, or child-related issues.
Contested Divorce Case Process
A contested divorce case involves a process that goes through certain stages, and specific procedures are applied at each stage.
- Application and File Procedures: A contested divorce case application can be made through a lawyer or directly to the court. Gathering necessary documents and preparing the file is important in the application process.
- Hearing Stages: After the case file is accepted, the court sets the hearing date. During the hearing stage, parties present their claims and defenses before the court.
- Role of Witnesses: In a contested divorce case, witnesses assist the court with statements that support or refute the claims of the parties.
Contested Divorce Case Process
Financial Compensation Claims
Financial compensation claims are common issues in contested divorce cases.
- Alimony: The spouse with a weaker economic situation can request alimony to maintain their livelihood after divorce.
- Property Division: Joint property must be divided in contested divorce cases. Property division claims are among the frequently seen disputes.
- Financial Damages: Financial damages that arise as a result of the divorce process should also be considered.
Financial Compensation Claims
Moral Compensation Claims
- Tort and Moral Damages: In a contested divorce case, allegations of tort between spouses and the resulting moral damages may come up.
- Disruption of Mental Stability: The divorce process can affect the mental health of the parties. This situation can give rise to moral compensation claims.
Moral Compensation Claims
Child Rights and Custody Cases
- Status and Rights of Children: The situation of children in a contested divorce case is carefully examined by the court. The rights of children are protected.
- Intricacies of Custody Cases: Disagreements between spouses regarding child custody are evaluated under a separate heading. The best interests of the child are considered.
Child Rights and Custody Cases
Evidence and Proof in Divorce Cases
- Phone Records and Messages: Communication between parties can be presented as evidence in a divorce case.
- Witness Statements and Declarations: Relevant witnesses can support or refute the claims of parties in a contested divorce case by giving testimony to the court.
- Expert Reports: Reports prepared by experts in fields such as law, psychology, or economics can be presented to the court to support various claims.
Evidence and Proof in Divorce Cases
Hiring a Lawyer and Legal Aid
- Role of a Divorce Lawyer: In a contested divorce case, a lawyer represents the parties in the legal process and defends their rights.
- Information on Legal Aid: Parties with weak financial situations can apply for legal aid to receive support in the legal process.
Hiring a Lawyer and Legal Aid
Reconciliation Methods in Contested Divorce Cases
- Mediation: Mediation is a frequently used method in contested divorce cases to resolve disputes between parties.
- Conciliation and Negotiation: Conciliation is a process aimed at parties resolving their disputes among themselves.
Reconciliation Methods in Contested Divorce Cases
What is a Contested Divorce Case?
Divorce cases are legal processes that aim to end the marriage union. One of these cases, the contested divorce case, has been emerging as an increasing trend in recent years. A contested divorce case is a case filed when there are disagreements between spouses. Spouses cannot agree on divorce and experience disagreements on various issues. These disagreements usually include topics such as property division, custody rights, and alimony. If communication between spouses has broken down or trust has been shaken, a contested divorce case becomes inevitable.
In recent years, there has been a significant increase in the number of contested divorce cases. There are several reasons for this. First, the perspective on the concept of marriage in society has changed. People are now recognized as freer individuals and prioritize their own happiness. This can lead to marriages ending more quickly. Second, the divorce process has become easier. Legal regulations and changes made to laws have made the divorce process more accessible. This has led to an increase in contested divorce cases.
Another reason for contested divorce cases is the mismatch between needs and expectations. Disagreements and different values between spouses can lead to the emergence of a contested divorce case. Factors such as financial problems and infidelity can also be effective in the increase of such cases.
