What is an uncontested divorce The answer to the question is, regulating the legal consequences of divorce; It is a kind of contract signed by both spouses. In this context, issues such as compensation, custody, alimony are also requested. The general phase of the case proceeds as follows;
- Preparation of uncontested divorce petition
- Writing the uncontested divorce protocol in addition to the petition
- In order to file a lawsuit at the courthouse, the distribution office connected to the UYAP system
- Depositing a certain amount of fee while filing the lawsuit
- After the lawsuit is filed, submitting a petition by going to the pen where the lawsuit will be filed.
- Receiving the notification on the court day, re-declaring the divorce request in the court before the judge
- Proving that the signatures in the protocol belong to individuals
- After the decision is made, the reasoned decision is issued
- Statement that the right to appeal has been waived after the decision has been received by notification
After that, when the decision is completely finalized, the court decision is sent to the registry office and arrangements are made for the marital status. Best Istanbul divorce lawyer It is possible to complete your transactions in a shorter time.
What Is Negotiated Divorce?
What is an uncontested divorce There are also conditions that need to be known. These are included in the 166rd paragraph of Article 3 of the Turkish Civil Code. These are basically as follows;
- Marriage must last at least 1 year. If this is not provided, an uncontested divorce will not be possible. However, a divorce can be made based on other reasons for divorce and by proving it.
- Spouses must apply to the court together or one spouse must accept the other's case.
- The judge should listen to the parties themselves and give the opinion that their will is freely expressed.
- The financial result of the divorce, the agreement of both parties on the arrangement related to the situation of the children, and the judge's approval.
If all such conditions are met, the marriage union is deemed to have been shaken to its foundations. The court decides to divorce both parties without seeking any further proof. 166/3 of the Turkish Civil Code. specified in the article contracted divorce protocolIt covers the divorce conditions determined by both parties as a result of their free expressions.
This includes situations such as financial situations as a result of divorce and custody of children. However, other issues can be specified within the framework of the protocol. At this point, it should be known that if it is understood that the issues mentioned do not fulfill the necessary conditions, they can return to the contested divorce case.
How to File an Uncontested Divorce Case?
The uncontested divorce case is within the cases arising from the Family Law. For this reason, it can be opened by going to the Family Court. However, if the Family Court is not present, the Civil Court of First Instance can also look into it as a Family Court.
To open an uncontested divorce case uncontested divorce protocol It is opened by adding it to the petition and presenting it to the relevant court. Subsequently, a memorandum of understanding is prepared by the court and the parties are notified of the hearing date.
The Family Court carries out proceedings within the scope of general provisions, taking into account the special procedural rules in Article 184 of the Turkish Civil Code. In addition, the parties can go to the Family Court of any courthouse.
Best Lawyer for Uncontested Divorce
contracted divorce lawyerIt is very important in the divorce process. It is of great importance to ensure that the divorce process is concluded by protecting legal rights. At the same time, it is not enough for both parties to be willing to speed up the divorce proceedings.
Because there are certain conditions and conditions that must be fulfilled in the process of uncontested divorce. By examining them one by one with the best divorce lawyer, preparing a suitable basis will help you get the results you want and prevent the uncontested divorce from turning into a contested divorce.
AHD Durak Law Firm, which has extensive knowledge on Family Law, Istanbul divorce lawyer It helps both parties to get the solutions they are looking for in a short time.