FAMILY LAW DIVORCE IV DIVORCE IV General information

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FAMILY LAW DIVORCE IV

FAMILY LAW DIVORCE IV

DIVORCE IV • General information about the divorce case • Procedures applied to divorce

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

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

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. •

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.

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

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

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