FAMILY LAW
DIVORCE IV
DIVORCE IV
• General information about the divorce case
• Procedures applied to divorce or seperation suits
• Decision can be given after: divorce or seperation
DIVORCE IV
• General information about the divorce case
• According to art 167 of TCC, the sopuse filing a divorce süit can ask for divorce or seperation.
• The competent court is the case is the court fo the living place of one of the spouses or two spouses living place for 6 months.
• The parties of the divorce case is the spouses.
• It is an absolute right for the spouses.
DIVORCE IV
• Procedures applied to divorce or seperation suits
• He procedure which will be applied to the divorce case is a mix of procedures in the TCC, CCP adn the Code of the Formation About the Family Law Courts.
• The acceptence of the parties will not bound the judge during decision making.
• The judge will choose the proofs to ask freely.
• The judge can take a decision of secrecy after the demand of a spouse.
• The agreements about the secondary results of the divorce is not boundary for the judge.
DIVORCE IV
• The judge can take some several precautions during the case.
• They can be about
• the living place of a spouse during the case,
• about the monetary relations between spouses,
• about children.
DIVORCE IV
• Decisions can be given after the case are divorce or seperation.
• In case of a seperation decision, the judgeg will give a time.
• During this time, the spouses will have to live seperately, but the marital union still exists.
• The time limit cannot be less than one ear, more than three years.
• As the spouses are still in marital union, the obligaitons are still existing.
DIVORCE IV
• The divorce decision is another decision that can be ruled by the judge.
• It will have some results:
• 1. the marital ınion will end
• 2. the dissolution of the marital property regime
• 3. the personal status gained by the marriage will last or change
• 4. the legal inheritence between spouses will end
• 5. the prescription of the obligaiton between spouses will start again
DIVORCE IV
• 6. the custody on the common child(s) will be decided by the judge.
• 7. the personal relation between parents will be establihed by the judge.
• 8. the alimony to the child’s/childs’ benefit will be established by the judge.
• 9. the monatory compensation payment
• 10. the moral compensation payment
• 11. the alimony to the benefit of one spouse
