2- ARE THESE CASES VERY LENGTHY, THEN? (GİZEM)
1-HOW MANY TYPES OF DIVORCE CASES ARE THERE? COULD YOU PROVIDE OUR VIEWERS WITH INFORMATION ABOUT THEM? (GİZEM)
There are 2 types of divorce cases.
Uncontested and contested divorce cases.
An uncontested divorce case is a case that ends in a single hearing and where the parties have reached an agreement on all matters.
A contested divorce case is a case filed when the parties cannot agree on matters of divorce, alimony, pecuniary and non-pecuniary compensation, and custody.
2-ARE THE DURATIONS OF THESE CASES VERY LONG? (GİZEM)
The duration of each case varies depending on the court's workload, the collection of evidence in the file, and the notification process. However, to provide an average duration; an uncontested divorce case takes 1 month, while a contested divorce case takes 1.5 years.
3-WHAT ARE THE GROUNDS FOR DIVORCE? (GİZEM)
In the Turkish Civil Code, grounds for divorce are divided into two as GENERAL AND SPECIAL GROUNDS. The general ground for divorce is the fundamental breakdown of the marital union, known in the former law as severe incompatibility.
Special grounds for divorce are;
Adultery, attempt on life, highly disgraceful or humiliating conduct, committing a crime and leading a dishonorable life, desertion, and divorce due to mental illness.
4-WHAT IS THE MOST COMMON GROUND FOR FILING A DIVORCE CASE? (GİZEM)
We file the most cases based on the general ground for divorce, which is severe incompatibility.
5-HOW IS VIOLENCE DEFINED IN THE LAW? (AYLİN)
Violence refers to any physical, sexual, psychological, or economic attitude and behavior occurring in social, public, or private spheres, including threats or pressure directed at this, or arbitrary restriction of freedom, that results in or is likely to result in physical, sexual, psychological, or economic harm or suffering to the individual.
6-WE HEAR THAT INCIDENTS OF VIOLENCE ARE VERY COMMON IN OUR COUNTRY; WHAT OTHER LEGAL AVENUES CAN VICTIMS OF VIOLENCE PURSUE BESIDES FILING FOR DIVORCE? (AYLİN)
Under Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, they can request a protection and restraining order.
You can ask for the perpetrator of violence to;
•Vacate your home/workplace and prevent them from approaching you.
•Refrain from damaging your personal belongings and household goods.
•Refrain from harassing you via phone/email/social media/or other means of communication.
•Surrender their weapon, if they possess one.
•Not use alcohol or drugs or stimulants in your presence or approach you while under the influence of these substances, and if they have an addiction, to undergo examination and treatment, including hospitalization.
In addition to these;
•You can request to stay in a shelter.
•You can request temporary protection.
•You can request that your identity/address/and all other information be hidden or changed in official records.
•You can request to benefit from temporary financial aid and health services.
7-WHERE CAN ONE OBTAIN A PROTECTION AND RESTRAINING ORDER? (AYLİN)
A victim of violence can apply to the Public Prosecutor's Office, Family Court, Police Station, Gendarmerie, Governorship, or District Governorship to obtain a protection and restraining order in their favor.
8-HOW MANY DAYS DOES IT TAKE FOR A PROTECTION AND RESTRAINING ORDER TO BE ISSUED? (AYLİN)
Requests for measures regarding protection and restraining orders are issued on the same day or within 1-2 days of the application, although this varies depending on the workload of the courts/administrative authorities.
9-WHAT IS THE DURATION OF A PROTECTION AND RESTRAINING ORDER AND CAN IT BE EXTENDED IF NECESSARY? (AYLİN)
A protection and restraining order can be issued for a maximum of 6 months. However, in cases where it is understood that violence or the danger of violence will continue, the judge may decide, *ex officio* or upon the request of the protected person, to change the duration or form of the order, to revoke it, or to have it continue as is.
10-WHAT HAPPENS IF THE PERPETRATOR OF VIOLENCE DOES NOT COMPLY WITH THE PROTECTION AND RESTRAINING ORDER? (AYLİN)
In the event of non-compliance with the measures specified in the provisions of Law No. 6284 and acting contrary to the requirements of the order, the judge may impose a disciplinary imprisonment from 3 to 10 days. For each recurrence of non-compliance with the protection order, the duration of disciplinary imprisonment shall be from 15 to 30 days, depending on the nature of the breached measure and the severity of the violation. However, the total duration of disciplinary imprisonment cannot exceed 6 months.
11-WHAT OTHER APPLICATIONS CAN VICTIMS OF VIOLENCE MAKE BESIDES OBTAINING A PROTECTION AND RESTRAINING ORDER? (AYLİN)
They can go to the Public Prosecutor's Office and demand that the suspects be punished under the Turkish Penal Code for any crimes they are subjected to, such as insult, threat, or assault, and request that a criminal case be filed against them.
12-IS THE PARTY WHO FILES FOR DIVORCE FIRST MORE ADVANTAGEOUS? (GİZEM)
There is a general belief that the person who files for divorce first is more advantageous, but being the first to file does not provide any advantage. If a spouse files for divorce, the other spouse has the right to file a counterclaim. What is important is that the parties prove their allegations with legally obtained evidence during the case.
13-WHAT IS UNLAWFUL EVIDENCE? IS THERE A PENALTY IF WE DO NOT PRESENT LAWFUL EVIDENCE? (AYLİN)
Unlawful evidence can be defined as any evidence obtained contrary to the norms of criminal procedure law. Unlawful evidence cannot be used as a means of proof to resolve a dispute. For example; recording sound or images without a person's consent, hiring a detective to follow someone, or accessing personal data without consent, such as accessing health data using an e-government password. There is certainly a penalty for this. A criminal case will be filed against you, and the court will not base its judgment on such evidence.
14-SO, WE HAVE FILED OUR DIVORCE CASE WITH LAWFUL EVIDENCE. WHAT KIND OF REQUESTS CAN WE MAKE TO THE JUDGE? (GİZEM)
We can make requests regarding alimony, pecuniary and non-pecuniary compensation, custody of the common child, return of jewelry (ziynet), and division of property.
In case of non-payment of alimony; an enforcement proceeding for the alimony debt must be initiated.
15-WHAT HAPPENS IF ALIMONY IS NOT PAID EVEN IF AN ENFORCEMENT PROCEEDING IS NOT INITIATED? (AYLİN)
A lawsuit is filed by applying to the Enforcement Criminal Court due to the non-payment of at least 3 months of alimony. This is a criminal case. If alimony is not paid despite this lawsuit, the court orders disciplinary imprisonment for the alimony debtor for no less than 3 days.
16-HOW DOES THE JUDGE DECIDE ON CUSTODY? (GİZEM)
In accordance with the principle of the child's best interest, the judge has a report prepared by an expert psychologist. The social and economic status of the mother and father are investigated. The issue of who will have custody of the child is determined as a result of these investigations.
17-WHAT SHOULD BE DONE IF THE PARTY WITHOUT CUSTODY RIGHTS KIDNAPS THE COMMON CHILD? (AYLİN)
The court determines visitation days for the child, especially on weekends and public holidays, taking into account the appropriate time intervals for both the mother and father. Both parents are obliged to comply with these days. However, sometimes due to problems between the mother and father, they refrain from showing the children to the other party on visitation days, and sometimes even take the children and "kidnap" them to another city or country without permission. In this case, an application for the delivery of the child is made to the Enforcement Office. If the child still cannot be found, a child abduction case is filed.
18-WHAT SHOULD BE DONE IF ONE OF THE SPOUSES WANTS A DIVORCE AND THE OTHER DOES NOT? (GİZEM)
If the parties cannot reach an agreement on divorce, the spouse who wants to divorce has the right to file a contested divorce case. The spouse who will file the case can apply to the relevant court by preparing their petition containing the grounds for divorce and the request for divorce.
19-IS IT MANDATORY TO HIRE A LAWYER IN A DIVORCE CASE? (GİZEM)
Everyone can conduct their own legal dispute without receiving lawyer support and can file their own case. There is no condition or obligation to receive lawyer support. However, if a person who is not familiar with Family Law and the precedent decisions of the Court of Cassation files a case and lacks legal experience, irreversible legal losses may occur at the end of the legal process. As in all matters, one should consult an expert in lawsuits and receive support on what path to follow in the case.
20-CAN AN UNCONTESTED DIVORCE TURN INTO A CONTESTED ONE? (GİZEM)
After an uncontested divorce case is filed, if both spouses or one of the spouses renounces the issues they have agreed upon regarding the divorce or the elements related to the divorce, the case will turn into a contested divorce case.
If the parties have filed a contested divorce case, the case can also turn into an uncontested divorce case while it is being heard, upon the request of both parties.
21-CAN AN EMOTIONAL BOND BE FORMED WITH SOMEONE ELSE WHILE THE DIVORCE CASE IS ONGOING? (GİZEM)
The parties remain officially married until the decision given by the court regarding the divorce of the parties becomes final. For this reason, the obligation of loyalty to each other continues while the divorce case is ongoing. If one of the spouses starts living with someone else or forms an emotional bond, they will have violated the obligation of loyalty.
22-WHAT ARE THE LEGAL APPLICATIONS TO BE MADE IN CASE OF VIOLATION OF THE OBLIGATION OF LOYALTY? (AYLİN)
This situation is discussed while determining the fault rates of the parties in the Family Court where the divorce case is heard. In addition, in cases of such infidelity, the cheated spouse often displays emotional reactions against the other woman or man and commits crimes such as insult, threat, or violation of the law on the protection of personal data. For this reason, a criminal complaint is filed with the Prosecutor's Office for these crimes, and a protection and restraining order is requested if there is a danger of violence under Law No. 6284.
23-HOW IS ADULTERY PROVED IN A DIVORCE CASE? (GİZEM)
If there is a suspicion that one of the spouses has violated the obligation of loyalty, it can be proven with any evidence, provided that it is lawful. The spouse who wants to prove adultery can present witnesses, phone call records, hotel records, messages, or photos as evidence.
24-ARE VOICE RECORDINGS, VIDEOS, FACEBOOK, WHATSAPP MESSAGES CONSIDERED EVIDENCE? (AYLİN)
The party who wants to prove their allegations in a case must present lawful evidence to the court. If they present unlawful evidence, the court will not base its judgment on it, and they will also have committed a crime. For this reason, if voice recordings, videos, Facebook, and Whatsapp messages are obtained without the person's consent, the crime of violating the privacy of private life will have been committed.