How are decisions made in a divorce case?

Divorce Court Decisions

The Supreme Court's influence on divorce decisions is determined by the content of the case, the lawyers' arguments, and the spouses' requests. Severe incompatibility is a decisive factor in Supreme Court rulings on divorce. Divorce cases are lawsuits filed by spouses regarding issues such as alimony, material and moral compensation. Under the Civil Code, divorce cases filed to terminate a marriage require that the marital union has been fundamentally shaken. Accordingly, the grounds for divorce are:

• Divorce case due to adultery
• Divorce case based on attempted murder and humiliating behavior
• Divorce case based on criminal activity and leading a dishonorable life
• Divorce case based on abandonment grounds
• Divorce case based on mental health reasons

How are decisions made in a divorce case?

Supreme Court rulings on divorce cases, the fault of each party must be determined first. The Supreme Court issues rulings based on the evidence gathered and the party found to be at fault in the case. Accordingly, in divorce cases filed due to the fundamental breakdown of the marriage, the spouse found to be seriously at fault is obliged to pay compensation. Therefore, the court authorized to hear contested divorce cases is determined as follows:

• The family court of the defendant's place of residence,
• The family court of the plaintiff's place of residence,
• A divorce case can be filed in the family court located in the place where the spouses have resided for the past six months.

Furthermore, an uncontested divorce case can be filed in any courthouse. There are no residency or location requirements for uncontested divorce cases.

Is it mandatory to state the reasons for a divorce?

In contested divorce cases, a specific ground for divorce must be stated in the petition before a precedent-setting decision is made. Grounds for divorce can be general, such as severe incompatibility or defamation. Alternatively, they can be based on specific reasons such as infidelity or abandonment of the marital home. However, it is crucial to understand that both parties must prove the reasons stated in their divorce petition. Otherwise, the divorce case will be dismissed. The spouse filing the lawsuit must state and prove the reasons. Failure to do so may result in a dispute and the rejection of the lawsuit. Proof through documents is required.