BOŞANMA DAVASINDA HAKİM NELERE DİKKAT EDER | Av. Aysel Aba Kesici |

☎️ 𝟎𝟓𝟎𝟔 • 𝟔𝟔𝟗 • 𝟎𝟗 • 𝟖𝟓 • Istanbul ｜⚖️ Hakım Hukuk Danışmanlık ve Mediation Bürosu ⚖️ WHAT DOES A JUDGE CONSIDER IN A DIVORCE CASE? Attorney Aysel Aba Kesici 1. Overview In divorce cases, the judge considers not only whether the parties desire a divorce, but also the legal validity of the events that led to the divorce, the evidence, and the parties' statements. The judge bases his decision on Articles 161–184 of the Turkish Civil Code. 2. Matters Considered by a Judge in a Consensual Divorce 2.1. Marriage Must Have Lasted at Least One Year The marriage date is considered; if the period has not expired, a consensual divorce is not accepted. 2.2. Parties Must Attend the Court in Person Even if there is a lawyer, the spouses must attend the hearing in person. 2.3. Confirmation of their free will to divorce It must be understood that a divorce is not a forced or pressured divorce. 2.4. Legality of the Divorce Protocol Arrangements regarding alimony, compensation, property division, custody, and personal relations with the child must be fair and clear. 3. Matters Considered by the Judge in Contested Divorce 3.1. Legality of the Grounds for Divorce One of the legal grounds for divorce, such as adultery, attempt on life, ill-treatment, abandonment, criminal activity, humiliating behavior, or incompatibility, must be cited. 3.2. Fault Which party is more at fault? The decision is made in favor of the party who is not grossly at fault in the incident that caused the divorce. The burden of proving fault lies with the person making the claim. 3.3. Evidence Witness statements, text message recordings, photographs, camera footage, medical reports, etc. are considered. Claims for which no evidence is provided are disregarded. 3.4. Status of Children The child's age, needs, the parenting competence of the parties, and social worker reports are taken into account in the custody arrangement. The best interests of the child are paramount. 3.5. Alimony and Compensation Claims In claims for alimony, child support, and pecuniary and non-pecuniary damages, factors such as: Fault, The parties' economic situation, The duration of the marriage are taken into consideration. 3.6. Compliance with Procedural Rules During the litigation, compliance with procedural rules and the absence of deadlines are verified. 4. The Judge Can Also Play a Conciliatory Role Especially in contentious cases, before or during the hearing, the judge may direct the parties to a settlement or an uncontested divorce. 5. Conclusion In divorce cases, the judge considers not only the divorce request but also the reality of the events that led to the divorce, the sufficiency of the evidence, the best interests of the children, and the voluntary nature of the parties' statements. Therefore, when filing a lawsuit or presenting a defense, the content of the fault, evidence, legal basis, and request should be carefully prepared. Don't forget to like, comment, share, and subscribe to the video to raise legal awareness. Published on Legal Websites https://www.hukukihaber.net/ https://www.adaletbiz.com/ https://ayselabakesici.wordpress.com/ Other Websites http://www.haberyirmibir.com http://www.rupelanu.org/ Av. Aysel Aba Kesici Social Media Channels Email.............: [email protected] Linkedin.........:   / av-aysel.  . Facebook........:   / aysel.abakes.  . Facebook.........:   / avaysel-aba-.  . Facebook.........:   / 14323.  . Website.....: https://www.hukukihaklarim.com/ Website.....: https://ayselabakesici.wordpress.com/ Twitter ..............:   / ayselkesici   Instagram..........: https://www.instagram.com/hukuki.hakl...