1. TODAY WE WILL BE TALKING ABOUT FAMILY LAW AND DIVORCE CASES WITH YOU. BEFORE WE BEGIN, COULD YOU PLEASE INTRODUCE YOURSELF TO OUR VIEWERS AT HOME?
1. TODAY WE WILL TALK TO YOU ABOUT FAMILY LAW DIVORCE CASES. FIRST, COULD YOU INTRODUCE YOURSELF TO OUR VIEWERS AT HOME?
Hello, I am Attorney Gizem Gonce. I graduated from Kadir Has University Faculty of Law. I am currently continuing my studies on Inheritance Law in the Master’s program with Thesis in Private Law at Kültür University. I have gained experience in resolving many legal issues by working for many years in Turkey's leading domestic and international law firms and companies. Subsequently, together with Attorney Aylin Esra Eren, we founded Eren & Gonce Law Firm.
2. COULD YOU MENTION YOUR FIELDS OF WORK AND ACTIVITIES?
Our areas of expertise are primarily; inheritance law, family law, corporate law, commercial law, enforcement and bankruptcy law, criminal law, and legal consultancy.
3- WHAT ARE THE GROUNDS FOR DIVORCE?
In the Turkish Civil Code, grounds for divorce are divided into GENERAL AND SPECIAL GROUNDS. General grounds for divorce; irretrievable breakdown of the marriage union, known in the old law as severe incompatibility.
Special grounds for divorce;
Adultery,
Attempt on life,
Grossly dishonorable or degrading conduct;
Commission of a crime and leading a dishonorable life;
Desertion;
Divorce due to mental illness.
4- HOW MANY TYPES OF DIVORCE CASES ARE THERE? COULD YOU GIVE OUR VIEWERS INFORMATION ABOUT THEM?
There are two types of divorce cases. Uncontested and contested divorce cases.
Uncontested divorce case; a case that concludes in a single hearing and where the parties have reached an agreement on the divorce and issues related to the divorce.
Contested divorce case; a case filed when the parties cannot reach an agreement on issues of divorce, alimony, pecuniary and non-pecuniary compensation, and custody.
5- CAN WOMEN MARRY IMMEDIATELY AFTER DIVORCE?
According to the law, a woman cannot remarry until 300 days have passed from the date the court issues the divorce decree and that decree becomes final. The purpose here is to prevent confusion of lineage.
6- IS A WOMAN OBLIGED TO WAIT 300 DAYS TO REMARRY AFTER DIVORCE?
Of course, she is not obliged to wait. The legislator has introduced a rule here so as not to victimize women. A woman can file a lawsuit to lift the waiting period without waiting for 300 days. When a woman proves with a report obtained from an official health board that she is not pregnant, the court will lift the 300-day waiting period. Thus, the woman will be able to marry someone else within 300 days after the divorce.
7- HOW IS CHEATING PROVEN IN A DIVORCE CASE?
If there is suspicion that one of the spouses has violated the duty of loyalty, proof can be provided with all kinds of evidence, provided it is obtained legally. A spouse wishing to prove cheating can present witnesses, phone call logs, hotel records, messages, or photos as evidence.
8- WHO CAN RECEIVE ALIMONY IN A DIVORCE CASE?
The spouse who will fall into poverty due to the termination of the marriage and who is less at fault in the events leading to the divorce may request alimony. In addition, if the parties have a common child, the spouse who receives custody of the child may request health, care, and education expenses from the other parent.
9- WHAT IS THE ALIMONY AMOUNT DETERMINED BY IN A DIVORCE CASE?
Before determining the amount of alimony, the court will conduct an investigation into the economic and social status of the parties and will make a decision by taking their economic status into account. The decision will be made by considering factors such as whether both spouses have an income and whether they have any registered immovable or movable property. The court will not make a decision that exceeds the economic status of the alimony debtor.
10- HOW IS THE FAULT OF THE SPOUSES EVALUATED IN A DIVORCE CASE?
Fault is an important issue in contested divorce cases. If one or both of the parties claim that the other spouse is at fault in the end of the marriage, the spouses making the claim are obliged to prove it. The court will consider the spouse who does not fulfill the obligations arising from the marriage, commits violence against their spouse, or does not fulfill their responsibilities toward their children to be at fault.
11- IS DESERTING THE HOME A FAULT IN DIVORCE?
One spouse leaving the common residence is desertion. The deserted party may file for divorce due to desertion pursuant to Article 164 of the Turkish Civil Code. The conditions for filing a divorce case due to desertion are; the spouse leaving the common residence with the intent not to fulfill the obligation arising from the marital union, the desertion having lasted at least 6 months, and the other spouse issuing a call to return home for the spouse to return to the common residence.