1. TODAY WE WILL BE TALKING TO YOU ABOUT FAMILY LAW AND DIVORCE CASES. BEFORE WE BEGIN, COULD YOU PLEASE INTRODUCE YOURSELF TO OUR VIEWERS AT HOME?
1. TODAY WE WILL DISCUSS FAMILY LAW DIVORCE CASES WITH YOU. BEFORE WE START, COULD YOU PLEASE INTRODUCE YOURSELF TO OUR VIEWERS?
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 problems by working for many years at leading domestic and international law firms and companies in Turkey. Subsequently, I founded the Eren & Gonce Law Firm together with Attorney Aylin Esra Eren.
2. COULD YOU MENTION YOUR FIELDS OF WORK AND ACTIVITIES?
Our areas of expertise primarily include; 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 consist of the irretrievable breakdown of the marriage union, which is known as "severe incompatibility" under its former name in the old law.
Special grounds for divorce are;
Adultery,
Attempt on life,
Highly insulting or dishonorable behavior;
Committing a crime and living a dishonorable life;
Desertion;
Divorce due to mental illness.
4- HOW MANY TYPES OF DIVORCE CASES ARE THERE? COULD YOU PROVIDE OUR VIEWERS WITH INFORMATION ABOUT THEM?
There are two types of divorce cases: uncontested and contested divorce cases.
An uncontested divorce case is a case that concludes in a single hearing where the parties have reached an agreement on the divorce and matters related to the divorce.
A contested divorce case is a case filed when the parties cannot reach a consensus on matters of divorce, alimony, pecuniary and non-pecuniary damages, and custody.
5- CAN WOMEN MARRY IMMEDIATELY AFTER DIVORCE?
According to the law, a woman cannot remarry until 300 days have passed since the court rendered the divorce decision and it became final. The intention here is to prevent the confusion of lineage.
6- IS A WOMAN OBLIGED TO WAIT 300 DAYS TO REMARRY AFTER DIVORCE?
Of course, she is not obliged to wait. In order not to victimize women, the legislator has introduced the following rule: A woman can file a lawsuit to have the waiting period removed without waiting for 300 days. When the woman proves that she is not pregnant with a report from an official medical board, the court will remove 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 any kind of evidence, provided that it is lawful. A spouse who wants to prove cheating can present witnesses, phone call records, 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. Furthermore, if the parties have a common child, the spouse who receives custody of the child will be able to demand health, care, and education expenses from the other parent.
9- WHAT IS THE ALIMONY AMOUNT BASED ON IN A DIVORCE CASE?
Before determining the alimony amount, the court will conduct an investigation into the economic and social status of the parties and will make a decision by taking their economic conditions into account. The decision will be made by considering issues such as whether both spouses have an income and whether they have any registered real estate or movable assets. The court will not make a decision that exceeds the economic condition of the alimony payer.
10- HOW IS THE FAULT OF THE SPOUSES EVALUATED IN A DIVORCE CASE?
Fault is a significant issue in contested divorce cases. If one or both parties claim that the other spouse was at fault in the termination of the marriage, the spouses making the claim are obliged to prove it. The spouse who does not fulfill their marital obligations, commits violence against their spouse, or does not fulfill their responsibilities toward their children will be evaluated as at-fault by the court.
11- IS ABANDONING THE HOME A FAULT IN DIVORCE?
One spouse leaving the common residence constitutes desertion. The deserted party can file a divorce case due to desertion in accordance with Article 164 of the Turkish Civil Code. The conditions for filing a divorce case due to desertion are: The spouse must have left the common residence with the intention of not fulfilling the obligations arising from the marriage union, the desertion must have lasted for at least 6 months, and the other spouse must have issued a "call to return home" for them to return to the common residence.