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TYPES OF DIVORCE CASES IN TURKEY
International Divorce Lawyer in Izmir. In practice, that wouldn’t be wrong in saying that there are 2 main type of divorce in Turkey, namely uncontested (settlement agreement) divorce and contested (disputed) divorce.
Disputed divorce implies that one of the spouses files a divorce case because of the conflicts with the other party without having a settlement over the consequences of the divorce. In this type of divorce in Turkey, judge hears the applicant’s claims and collect all the arguments and evidences. Under Turkish divorce law practice, verbal witness statements are at crucial importance for the judgment. In the course of judgment, judge aims to find out which spouse is in fault (if both which one is more) and whose acts lead to a divorce.
The uncontested divorce would be in case where both of the spouses agree to finish the marriage and they are in full consensus of the consequence of the divorce, such as custody, alimony etc.
COURT PROCEEDINGS IN CASE OF CONTESTED DIVORCE IN TURKEY
A disputed divorce case may last up to 2 years in Turkey at todays legal practise. Obviously, pre-court works are important to determine the length of the case. If the claims and the facts are sufficiently evidenced and proved, the length of the trial would be less than an average judgment. It needs to be stressed out that, during the trial preparation, removal of unrelated data from the case is important.
Judge examines the divorce case that has been file by the divorce lawyer in Turkey. As a first step, judge shall, duly communicate one copy of the petition (written form) to the defendant. The judge issues official notifications to the related institutions to retrieve the necessary information to be able to proceed the judgment. All institutions to which a petition is delivered must act accordingly and response to the court.
Divorce lawyers are capable of asking questions directly to the witnesses. There isn’t any limitation for the number of questions which a divorce lawyer may ask in order to clarify the case. Minimizing the contradictions under verbal witness statements and reveal the facts in favour of client is a critical work.
In other words, under the general practice of the contentious (disputed) divorce following steps apply;
- Spouse who is seeking for divorce must file a petition to the court;
- Court shall collect evidences from both spouses and ask their claims;
- Court shall also invite verbal witnesses of both sides to the court and make its ruling
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