Divorce case is among the types of cases that can be seen as negotiated or contentious. With such lawsuits, the spouses’ requests to terminate the family union are answered. The state finds it appropriate to terminate the family union through the courts. The main purpose in this is the effort to protect the unity.
Family unity is important for society. Since the deterioration in this institution will have the power to directly affect the society, it is desired to protect the family institution. Therefore, when a divorce case is to be filed, it is necessary to apply to the Family Court. Spouses can act together or separately when filing for divorce.
In case of disputed cases, the parties must submit a petition to the Family Court. When they prepare a petition together, it is sufficient for one party to accept the other’s request for a lawsuit to be filed. In uncontested divorce cases, the spouses act by deciding on various issues among themselves. They declare these decisions to the court by signing the agreement protocol.
Types of Divorce Cases
When it comes to types of divorce cases, it would be correct to talk about uncontested and contested divorce. Uncontested divorce cases draw attention with their short duration compared to contentious cases and the provision of pre-litigation agreement.
While the spouses can petition together while filing an uncontested divorce case, the acceptance of the petition by one of them is sufficient for the lawsuit to be filed. This begins the litigation process. It is very important to get legal support for the divorce case, even if it is an uncontested case.
It is possible to prevent loss of rights thanks to lawyers. In addition, lawyers are needed in order to prevent all kinds of mistakes that may be encountered legally. In uncontested divorce cases, the spouses come together before the lawsuit to clarify issues such as property division, custody and alimony.
When such lawsuits are filed, an agreement protocol is prepared. It is necessary to think ahead while determining the commitments to be included in the protocol. Anticipating the situations that may arise after the conclusion of the divorce are the details that should be taken into account when preparing such protocols. For this reason, getting legal support makes it easier to look at events with a professional perspective.
One of the types of divorce cases is the contested divorce cases. In contentious cases, the spouses cannot take a joint decision on the minimum commons. For this reason, they differ in opinions on various issues and experience conflict. In this case, they can file a petition to the Family Court and file a divorce case.
Contested litigation takes longer than disputed litigation. In these cases, various processes such as witness statements and presentation of evidence may be experienced. During the contentious cases, material and moral compensation cases may also come to the agenda.
Conditions of Uncontested Divorce Case
An uncontested divorce case is a type of lawsuit that can be filed by spouses who want to terminate the marriage union. If this case is to be filed, certain conditions must be met. First of all, the marriage union between the spouses must last for one year.
If the spouses have been married for at least one year and the petition of one of the spouses is accepted by the other, a lawsuit can be filed. Spouses can also file a lawsuit by applying to the court together. The judge, who will make the divorce decision, wants to listen to the parties himself.
A divorce decision can be made when the spouses, individually or together, verbally declare their will in the divorce protocol before the judge and the judge is satisfied with this. It is legally necessary for the judge to listen to the parties in order to form an opinion that the spouses have made this decision without being under pressure.
In uncontested divorce cases, the parties take joint decisions on financial issues. Accordingly, many problems such as property division and alimony are resolved between the spouses before the lawsuit. When filing an uncontested divorce case, an agreement protocol must be prepared and submitted to the court in addition to the petition.
Contested Divorce Becomes Contested
When the spouses decide to enter into an agreement while filing a divorce case, they agree on minimum common ground before the lawsuit. Accordingly, a protocol is prepared. In some cases, the fact that the parties have reached an agreement does not prevent the case from becoming contentious.
If the parties do not comply with the terms of the agreement or withdraw from the protocol due to many reasons, the uncontested divorce case turns into a contentious case. The parties’ abandonment of the uncontested divorce case will make the case contentious.
The new litigation process for spouses who have given up on the uncontested divorce case will be shaped in accordance with the principles of contention. In this case, the way the court will follow is to give time to the parties. During this period, the parties are provided with an adequate preparation chance for the preparation and presentation of the lawsuit petition, claim and evidence that will be required for the contentious case.
As a rule, the duration of uncontested divorce cases depends on contentious cases.
