What is a Contested Divorce and When Can It Be Filed?
Contested divorce is a type of case that is used when the spouses cannot reach an agreement on the divorce and its consequences. Unlike consensual divorce, in contested cases, the parties make different demands on both the reasons for the divorce and issues such as custody, alimony, and compensation. It is usually filed on grounds such as adultery, violence, cheating, abandonment, violation of economic responsibilities, or the fundamental breakdown of the marital union. If one party wants to divorce and the other does not, or if they agree to divorce but cannot reach an agreement on the terms, the process inevitably turns into a contested one.
Stages of a Contested Divorce Case
The lawsuit process begins with a petition. The plaintiff submits a petition to the court stating the reasons for divorce. The other party submits a response petition to this petition. This stage is followed by the response to the response and second response petitions. Then, a preliminary examination hearing is held; here, the case issues are clarified and whether or not there will be a compromise is evaluated. During the investigation phase, evidence is collected, witnesses are heard, expert reports are received. Then, the oral trial and decision phase is passed. All these steps can take months or even years depending on the workload in the courts in Antalya.
How Do Litigation Processes Vary Depending on Local Court Load in Antalya?
Antalya Courthouse Family Courts experience periodic congestion due to the increase in case files, especially during the summer months. This congestion directly affects the examination of case files and hearing dates. For example, there may be breaks of 2 to 4 months between hearings. In addition, since only urgent measures are evaluated during judicial recess periods, cases requiring detailed proceedings such as contested divorce are put on hold during this process. This is another factor that extends the overall duration.
Does Hiring a Lawyer Affect the Length of a Case?
Conducting the process with a professional lawyer ensures that the case progresses healthily and prevents loss of time. Problems such as incomplete or incorrectly prepared petitions, failure to submit evidence, and witnesses not giving their statements with appropriate statements prolong the process. A lawyer specialized in this field in Antalya plans the file from the very beginning and carries out all the necessary steps completely. Procedural errors that may occur during the hearing are prevented. In addition, correct interpretation of interim decisions, compliance with deadlines and effective communication with the court directly shorten the process.
Factors that Cause the Prolongation of the Case
The uncompromising and harsh attitudes of the parties are one of the biggest reasons for the prolongation of the case. Situations such as witnesses not being brought to court on time, the lack of evidence presented or its late arrival also increase the duration of the case. In some cases, one of the parties constantly objects, requests additional evidence or does not come to the hearings with excuses in order to prolong the process. In addition, the preparation of expert reports can take a long time; especially if psychological or financial examinations are required, the reporting process can take up to 2-3 months.
What is the Average Case Duration for Antalya?
The average time until the first decision hearing of a contested divorce case in Antalya varies between 8 and 18 months. However, this period may vary depending on the content of the case file, the level of cooperation of the parties and the workload of the court. In cases where there are detailed requests such as custody, alimony, property division and compensation, this period may exceed 2 years. In addition, when the appeal and appeal stages are passed after the decision, the finalization of the file takes even longer. If the appeal process is included, the total process can be up to 3 years.
Interim Measures That Can Be Taken During the Litigation
While the divorce process is ongoing, the judge may take temporary measures to regulate the lives of the parties. One of these measures is temporary alimony. It is paid to the spouse who has no income so that he/she can support himself/herself during the trial. If there is a child, a temporary custody decision is made and which parent he/she will stay with is determined. The court may also temporarily regulate who will live in the shared residence. These decisions are valid until the conclusion of the trial and are intended to prevent the parties from being victimized.
How to Protect the Child's Psychology During the Trial?
During the contested divorce case, special importance is given to the mental health of children. Family Courts in Antalya receive support from social workers and pedagogues to understand the emotional state of the child. Social examination reports and psychological evaluations facilitate the decision of which parent is more appropriate for the child to stay with. Practices such as frequently forcing the child to choose between the parents and repeatedly being called to court to testify are avoided. Judges adopt a soft approach in order to protect the best interests of the child.
Do Claims for Material and Non-Pecuniary Damages Extend the Case?
In contested divorce cases, the parties may demand both material and moral compensation from each other. While material compensation is requested to compensate for material losses resulting from the end of the marriage, moral compensation is requested due to humiliating and damaging behaviors. These requests may prolong the process because they complicate the content of the case. In addition, if the parties also request the liquidation of the property regime, this may require the opening of a separate file. In particular, the process of determining, evaluating and dividing acquired properties is a separate case subject that may last for years after the divorce decision.
Contact and Restraining Orders During Divorce Cases
If one of the parties claims that they have been subjected to psychological or physical violence by the other spouse during the case, the Family Court may issue a protection order. A restraining order is usually limited to 6 months and prohibits the parties from staying in the same house or communicating. Such orders are independent of the actual duration of the case, but can reduce tension between the parties and allow the case process to progress more healthily. The court may extend this period or take new measures if requested and deemed necessary.
Does the Failure of One of the Parties to Attend the Court Affect the Duration of the Case?
Failure of the defendant or plaintiff to attend the hearings without an excuse may prevent the progress of the case. The court may continue the case in the absence of the party, but procedural errors may occur. In particular, the court may postpone hearings due to improper notification, missing documents, incomplete statements or incomplete witness hearings. Such disruptions are common in the courts in Antalya, therefore, the case is concluded more quickly when the file is prepared completely.
Will the Time Limit Be Shortened If the Parties Reconcile?
If the parties reach an agreement on the protocol while the contested divorce case is ongoing, the case may turn into a consensual divorce process. In this case, if the court examines the protocol and determines that the parties have reached an agreement on all requests, the decision-making process will be accelerated. However, if the judge sees a provision in the protocol that is against the child's best interests, he or she may intervene. Apart from this possibility, when an agreement is reached, the case period is significantly shortened and can often be concluded in a single hearing.
How Long Does the Time Limit Extend with the Appeal and Appeal Stages?
If one of the parties objects to the court's decision, the file is sent to the Antalya Regional Court of Justice (appeal). The file is usually reviewed there for 4-12 months. If an appeal is filed after the appeal decision, the file is sent to the Supreme Court of Appeals, where the decision can take an average of 1-1.5 years. Thus, the appeal and appeal processes of a contested divorce case can add up to an average of 2 years in total.
The Role of Media in Contentious Litigation
Although mediation is not mandatory in divorce cases, it is an important method that facilitates the process if the parties reach an agreement. Some family courts in Antalya aim to save time and money by recommending mediation to the parties. Mediation keeps communication channels open, provides a less tiring process for children and reduces the caseload. If the parties are open to voluntary mediation, a contested divorce can be resolved much more quickly.
The Importance of Getting Legal Support During the Divorce Process in Antalya
In a city like Antalya with a large and busy courthouse, professional legal assistance is essential to effectively manage the divorce process. Lawyer Mediator Billur Güler Aslım protects her client's rights by correctly designing the case strategy in contested divorce cases and follows up the case file completely and effectively to speed up the process. Working with a lawyer who is familiar with the local court process ensures that the hearings run smoothly and the process is concluded in a minimum time.