What Is An Uncontested Divorce Case?
WHAT IS AN UNCONTESTED DIVORCE CASE?
An uncontested divorce case is a divorce case filed by the spouses by agreeing on all the material and moral consequences of the divorce and submitting the issues they have agreed on to the court by binding them to the protocol. In order for this case to be filed, the marriage must have lasted at least 1 year. The uncontested divorce case ends in a single hearing.
HOW TO FILE AN UNCONTESTED DIVORCE CASE?
The uncontested divorce case is opened by submitting the uncontested divorce protocol, which the parties have arranged as a result of their agreement on all the results of the divorce, to the court together with the lawsuit petition and depositing the lawsuit fee costs to the court cashier. If the uncontested divorce case is to be filed without a lawyer, the uncontested divorce protocol, two copies of the petition and a photocopy of the identity card must be filed. The uncontested divorce case can be filed in any courthouse desired by the parties.
WHAT ARE THE CONDITIONS FOR UNCONTESTED DIVORCE?
In order for the conditions for uncontested divorce to be fulfilled, the marriage must last at least 1 year. In marriages that have lasted less than 1 year, an uncontested divorce cannot be filed before the time expires. The start date of the 1-year period is the date of the official marriage.
In order for the spouses to request the application of the uncontested divorce institution from the court, both parties must have a will for uncontested divorce. An uncontested divorce does not take place if only one party has the will to divorce. In this case, the legal way to go is the contentious divorce case. In addition, the spouses must agree on all the consequences of the divorce. Examples of these issues are; who will have custody of the joint children, if any, whether to pay alimony or poverty alimony, and how to share the common property.
After agreeing on the aforementioned issues, the spouses transfer the issues they have agreed on to a protocol, sign it and submit it to the court.
WHAT SHOULD BE CONSIDERED WHEN PREPARING AN UNCONTESTED DIVORCE PROTOCOL?
Although uncontested divorce is seen as a very simple issue among the society and therefore not given much importance, since it is a legal institution that will affect the whole lives of the spouses, the uncontested divorce protocol must be prepared very carefully. Otherwise, there may be a possibility of loss of rights of the parties.
In general, the spouses search for an example of an uncontested divorce protocol on the internet and sign it without examining the articles in this sample protocol, and then they suffer irreparable or impossible damages. The family court judge makes his/her decision in line with the uncontested divorce protocol submitted to the court. The divorce protocol must be prepared in a professional manner. For this reason, it must be prepared separately for each person and event, otherwise it may cause damage. To give an example to this situation, if the parties have written in the protocol that they waive their rights to material and moral compensation prospectively in the uncontested divorce protocol, it will no longer be possible to assert a claim in this direction.
For this reason, it will be in the best interest of the parties to follow the process through a divorce lawyer or to obtain legal support from a divorce lawyer in order not to lose rights both when preparing an uncontested divorce protocol and during the uncontested divorce process.
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