Divorce Process and Legal Procedures

Custody and Alimony Issues in Divorce

Divorce means the legal termination of a marital union, and this process requires various legal procedures. Before filing for divorce, it is important for spouses to resolve their disputes and reach an agreement. However, if disagreements cannot be resolved, a divorce case is filed. Divorce cases are divided into two types: uncontested divorce and contested divorce. In an uncontested divorce, the spouses have agreed on all issues and complete the process with a protocol submitted to the court. In a contested divorce, there are disagreements between the parties on issues such as property division, custody, and alimony, and these matters are decided by the court. During the divorce process, experts and surveyors appointed by the court may also be involved. Furthermore, obtaining legal advice during the filing and execution of a divorce case ensures a healthier progression of the process. For detailed information on the divorce process, you can review the page at https://www.latifcembaran.com/konya-bosanma-avukati.

Property Division and Financial Claims in the Divorce Process

Custody and alimony are among the most frequently encountered issues in divorce cases. Child custody can be a major point of contention between parents. The court makes a custody decision by considering the best interests of the child. The decision is made by taking into account factors such as the child's age, health status, and the parents' financial and moral situation. The parent who gains custody rights is responsible for the child's education, health, and general care. The other parent generally has the right to see their child at specific intervals. Alimony also holds an important place in divorce cases. Alimony is paid by one spouse to the other or to the children as financial support. While child support is paid to cover the children's care and education expenses, spousal support is paid to the spouse who is experiencing financial hardship due to the divorce. The amount of alimony is determined by the court based on the parties' income status and needs. Property division and financial claims are also among the important legal issues during the divorce process. The division of assets acquired during the marriage is often one of the most contentious issues. The legal property regime applied in Turkey is the participation in acquired property regime. According to this regime, assets acquired during the marriage are divided equally between the spouses. However, personal assets are excluded from this division. Personal assets are assets acquired before the marriage and assets acquired through inheritance or gift during the marriage. In a divorce case, if there is a disagreement between the parties regarding property division, the court decides on this matter. Additionally, claims for material and non-pecuniary damages may also arise during the divorce process. Material damages are paid to the spouse who suffers economic loss due to the divorce, while non-pecuniary damages are paid in compensation for emotional and psychological damages suffered during the divorce process. These damage claims are evaluated by the court based on evidence and witness statements.