Konu: Divorce
Mesajı Okuyun
Old 17-02-2016, 21:35   #121
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Konuk
Hello, I hope someone is out there

So, my Turkish "bf" started divorce procedure with his wife last summer. They both live abroad but they got married in Turkey.

He told me they hired attorneys and that in November there was a hearing after which the judge gave them 7 weeks to change their minds... (neither of them were present, just their lawyers).

So, my question is, is this a regular practice? And what happens now after 7 weeks have passed assuming neither of them changed their minds (its been almost a month now) .. He told me they will have to go personally to the court but he hasnt spoken about any date .. So I would just like to be on the safe side ..

Also, does 300 days rule apply only to women ?

Thanks a lot, any answer is appreciated...
Dear Konuk (Guest),

Although I have no idea in what stage of the case you mentioned, I have regarded useful to try to answer your questions.

According to the Turkish Civil Procedure Code, in the first hearing (preliminary examination hearing), the Judge determines whatever issues the parties agreed on or not, one by one. After that, the Judge calls the parties to reconciliation. If the Judge considers a possibility of reconciliation on the disputed issues, he/she gives to the parties (plaintiff and defendant) a fixed period of time. Although it has been specified by the law, it depends on the situations and discretion of Judge.

If the parties can not reconciliate anyway, the Judge hears all the evidences and renders a decision at the end of proceeding. But first of all, the plaintiff is the one who has to evidence his/her case. I mean, every plaintiff, has to prove his/her assertions primarily.

I could’t understand what you mean by “being on the safe side”.

After a woman divorced and the decision of divorcement finalized, if she wants to marry someone else, she has to wait 300 days (because of possibility of pregnancy from her ex-husband). So males have no such an obligation (Don't let law-maker hear!). But if a divorced woman wants to marry within a shorter period than 300 days, she may get a medical report under the control of the court, and if it appears by the report that she is not pregnant, she may get married then. (Please look here:http://www.turkhukuksitesi.com/serh.php?did=12426)

Best regards

Kadir ORUÇ
Attorney