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For you, our valued readers, we published this article titled “Contested Divorce“, prepared by the MGC Legal team.
A contested divorce is a type of divorce in which the spouses who want to end the marriage cannot agree on issues such as alimony, custody and compensation. It is a process that takes longer than an uncontested divorce. For example, a contested divorce process takes place if the woman files for divorce and the man does not accept it. The plaintiff and the defendant, on the issues they cannot agree on, express their claims, reasons for divorce, demands and defences before the family court.
The contested divorce case can be carried out through the divorce lawyers to whom the plaintiff and the defendant give power of attorney. The support of a divorce lawyer is important in order to complete the contested divorce process without any problems. So, what is a contentious divorce? How to open a contested divorce case? We have compiled the answers to these questions and more for you in our article.
What is Contested Divorce?
Divorce is the dissolution of the marital union. An uncontested divorce is when the spouses open a divorce case and divorce by agreeing on legal and economic issues. A contested divorce is a legal situation that arises when the couple cannot agree on the legal and economic consequences of the divorce. In addition, if one of the spouses does not want to divorce, a contested divorce occurs.
Contested Divorce Case
A contested divorce case is a type of lawsuit filed when spouses who want to divorce cannot agree on legal and economic issues such as alimony, custody and compensation. This case is opened when there is a conflict about divorce or when one of the spouses does not want to divorce.
The legal basis of the contested divorce case is the Turkish Civil Code (TCC). There are provisions in the TCC regarding the conditions and reasons for filing a divorce case. The reasons for divorce are adultery or infidelity, dishonourable treatment, violence, crime, dishonour, mental illness and marital dissolution.
How to File a Contested Divorce Case?
The couple who cannot agree on the divorce can file a contested divorce case. In this case, how to file a contested divorce case? The question comes up. The plaintiff who will file a contested divorce case must prepare a contested divorce petition. This divorce petition is filed with the family court. In addition, fees and expenses must be paid. Thus, the contentious divorce process begins.
How to Write a Contested Divorce Petition?
A contested divorce petition is the first step to divorce. In the petition for a contested divorce, the claimant must clearly state the reasons for terminating the marriage union and their demands from the spouse whom they want to divorce. A petition for divorce, which is an important document for a contested divorce case, can change the course of the case.
For this reason, spouses should know their legal rights before writing a petition. The plaintiff needs to file a petition with a legal basis for divorce. Preparing the contested divorce petition with a divorce lawyer who is an expert in the field will prevent victimization and loss of rights.
What Are The Conditions For Contested Divorce?
When it comes to the conditions of a contested divorce case, the most important issue is that the parties cannot agree on the divorce. That is, a situation of conflict arises between spouses. While one party may want a divorce, the other may not consent to the divorce. Moreover, in divorce, an agreement may not be reached on issues such as property division, alimony and custody. In this case, a contested divorce case can be filed. Thus, the conditions for a contested divorce arise.
How Long Does a Contested Divorce Take?
Contested divorce comes to the fore when the foundation of the marriage union is shaken. This situation is regulated in Article 166 of the Turkish Civil Code. If the party suing for a contested divorce is more at fault, the defendant may appeal. So, how long does a contested divorce case take? A contentious divorce is a type of lawsuit that can take a long time.
This is because the issues that cannot be understood are complex. The excess of incomprehensible issues determines the duration of the contested divorce case. Processes such as the justification of the parties, their faults, proof of claims and collection of evidence will prolong the period of a contested divorce. However, the duration of a contested divorce can last between one year and three years on average. However, an uncontested divorce is a relatively short-lived divorce case.
Do Spouses Have to Attend Hearings in Contested Divorce?
In a contested divorce case, if the parties have given their attorneys power of attorney, they are not required to attend the hearings in person. If a lawyer does not represent the plaintiff, they must attend the hearings in person. Otherwise, the file may be removed from the process. In this case, the file may need to be refreshed. If the plaintiff gives power of attorney to a divorce lawyer, risks such as loss of rights and interests, negligence and erroneous legal actions will be eliminated. In this case, the plaintiff is not required to attend the hearings in person.
In a contested divorce case, the defendant is not obliged to attend the hearings. Even if the defendant does not attend, the contested divorce case continues. However, the defendant who does not attend the hearings is deemed to have waived some of their rights. For example, the right to object in cases is very important. The defendant, who does not attend the hearings, waives this right. For this reason, the plaintiff or the defendant participating in the hearings of the contested divorce cases with a divorce lawyer will both accelerate the litigation process, and the risk of loss of rights of the parties will be eliminated.
Which Court is Competent in Contested Divorce?
The competent court in divorce cases is the family court. The family court is also the competent court in contentious divorce cases. If there is no family court in the place where the divorce case will be filed, the court authorized in divorce will be the civil court of the first instance.
As a family court, this court is authorized to deal with uncontested or contested divorce cases. In other words, the competent court in a contested divorce case is the place of residence of one of the spouses or the court where the spouses reside together for six months before the divorce case is filed.
What is The Fee For a Contested Divorce?
The fee for the contested divorce case, that is, the fees and expenses of the case, is deposited to the court cashier in advance. It is not enough to apply to the court by filing a petition for a contested divorce case. Contested divorce case fees, i.e. fees and expenses, must be paid in full before the case begins. The lawsuit is deemed not filed if the divorce case fees and expenses are not paid within the specified period. The cost of filing a divorce or filing fees can vary based on several factors.
For example, factors such as the number of witnesses to be heard in the case, whether an expert will be required, and whether documents will be requested from some other institutions are effective on the costs of the contested divorce case. The contested divorce case will begin when the filing fee is paid to the cashier.
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