Adana Lawyer Salih Birol we talked to about divorce cases. Here we go. Divorce cases can be classified as contentious divorce cases and negotiated divorce cases. Since negotiated divorce cases take much less time than contested divorce cases, the psychological tension and grief experienced by the parties are less with the opening of the divorce case, and the parties are less worn out compared to the contested divorce. However, certain conditions are required in order to open a divorce case. The most important of these conditions is that the marriage must last at least one year.
Bir Contractual divorce cases filed before the end of the year are either denied procedurally or seen as contentious divorce cases. Although the spouses who have these problems cannot establish their own family life, they continue to be seen as husband and wife before the law since 1 year has not been completed. This situation may lead to the victimization of the parties. In such cases, two ways can be suggested for the parties:
Presentation can be played
Although the contracted divorce cannot be opened before the end of 1 year, one of the parties is the witness of the other party's fault with the contested divorce case, photo etc. proved by evidence; If the defendant accepts the case, contentious divorce is possible within the same period of time as the contracted divorce. In order to open a contentious divorce, there is not necessarily a need for flawed behaviors such as deception and assault, and the disagreement of the parties is enough to divorce.
Although the name is contentious divorce in practice, there is no difference between the divorce and the agreed divorce in terms of duration. However, when filing the case, the situation should be explained to the court office and, if necessary, to the judge. Otherwise, the hearing date can be given for a long term. It should not be forgotten that in the divorce case filed in this way, the parties must agree on every issue, otherwise the case may continue as a contested divorce case and may result in long periods.
We stated that a contractual divorce case cannot be opened before the marriage period is 1 year, but there is no harm in filing a contested divorce case before 1 year. Controversial divorces are possible at any stage, provided that the parties agree and other conditions of the contracted divorce are met. Therefore, it is also possible to open a contested divorce case before the end of 1 year and conclude it as a contracted divorce after 1 year.
Divorce cases opened before the end of 1 year contain technical details as can be seen. If the case is rejected or continues as a contentious divorce, the parties may experience grievances. Therefore, the follow-up of the case with a lawyer will provide great convenience.
Divorce Waiver and F.A.Q.'s
- Unlike waiver, the express consent of the defendant is sought in renouncing a divorce case. The defendant can either accept the renunciation or refuse and request the continuation of the case.
- If the defendant agrees to give up, the plaintiff takes the risk of filing for divorce by paying the fee again. In the case of renunciation of the divorce case, the plaintiff cannot file a divorce case based on the same reason, while the plaintiff can file a divorce case again for the same reason.
- If the defendant accepts the divorce proceedings, the divorce case is deemed not filed and the consequences resulting from the filing of the case disappear retrospectively.
- In case of withdrawal from divorce case, divorce action cannot be filed due to actual separation, because there is no finalized court decision.
- As can be seen, divorce waiver and divorce waiver are different from each other in terms and consequences. While the waiver of the divorce case is in favor of the defendant, the waiver of the divorce case is in favor of the plaintiff. In order to avoid loss of rights, it is better to waive and waive through a lawyer.
- Our Office; For divorce cases and other disputes arising from Family Law, Adana acts as a divorce lawyer and consulting.
Adana Lawyer Salih Birol's Law Office is located in Adana. He works as a lawyer and consultancy office in Adana, criminal lawyer, real estate, divorce and commercial lawyer. When looking for a lawyer, you can ask questions such as the best lawyer or criminal lawyer in Adana. With Adana lawyer Salih Birol contact Click to switch!