How Many Days After Filing a Divorce Petition Does the Court Hearing Take Place?
How many days after filing a divorce petition does the court hearing take place? This question is frequently asked by spouses who are in the process of divorce. After deciding to divorce and submitting a petition to the relevant authorities, spouses wish to obtain information about the process. For the divorce case process to begin, one of the spouses must submit a petition to the court of first instance, upon which the proceedings commence. After the petition phase is completed, a hearing date is determined by the family court on average between 3 and 7 months. By applying to Izmir lawyer offices, you can carry out all these processes much more quickly.
When Is a Date Given for a Divorce Case?
The question of how many days after filing a consensual divorce petition the court hearing will take place is one of the most frequently asked questions by the parties. After the lawsuit is filed and whether a consensual or contested divorce process begins, the timing is determined not by the type of divorce, but by the case management policies and decisions of the court of first instance. All petitions from the parties must be served with notification, and a response period of 2 weeks must be granted. At the initial stage, after these procedures are completed, the petition must be submitted to the court by the defendant within the specified period. Once the application and notification process is completed, whether the divorce case is consensual or contested, the court will notify both parties of the hearing date and send the hearing date and time to the relevant addresses.
You may apply to Izmir divorce lawyer offices to expedite all these procedures.
Can the Parties Determine the Date of the Divorce Hearing?
In addition to the question of when the court hearing will take place after filing a divorce petition, another frequently asked question is whether the parties can determine the date of the divorce hearing. It is not possible for the defendant spouse to determine a hearing date at a time of their choosing. Since the case will proceed according to the order of the file and as deemed appropriate by the judge, the parties do not have the right to speed up or delay the proceedings, and any attempt to create such a situation by submitting a petition to the court is disregarded. When a divorce case will commence after being filed is evaluated by the court and the judge. Applications are processed with the payment of fees and advance costs, and it takes approximately 3 to 7 months for the defendant to be informed of the hearing date. The status of the defendant or the plaintiff, such as determining a hearing date, has never been included in the legal system. The Izmir Lawyer offices and the recommended Izmir divorce lawyer will easily carry out all necessary procedures.
What Is Required for a Consensual Divorce?
For a consensual divorce to be granted, the couple must reach an agreement in a written divorce protocol on the conditions concerning joint children and the financial consequences of the divorce. The judge must hear both parties and be convinced that their declarations of will are made freely, and must approve the agreement regarding the financial consequences of the divorce and the situation of the children. The judge may make changes to this agreement if deemed necessary, taking into account the interests of the parties and the children. In such a case, the parties must proceed with the divorce through amendment.
Where Should I File a Consensual Divorce Case?
In consensual divorce cases, the competent court is the Family Court. In cases where there is no Family Court, the competent court is the Civil Court of First Instance acting as a Family Court. The authorized court may be the court of residence of one of the spouses or the court of the place where the spouses have lived together for the last 6 months. You can easily carry out all your case procedures through an Izmir divorce lawyer.
What Is the Procedure in Consensual Divorce Cases?
Consensual divorce cases must be filed by submitting a petition and a divorce agreement to the competent and authorized court and by paying the necessary court fees. After the petition is examined, a hearing date will be set. If the court renders a divorce decision at the hearing, the decision will be recorded in the National Judiciary Informatics System. If the decision is duly served on the spouse and no objection is raised, the decision becomes final. The final decision is then transmitted to the population registry system. The case process ends when the decision is recorded in the population registry.
Procedures Carried Out at the First Hearing
At the first hearing of the divorce case, the court first examines the procedural requirements of the case. In this context, the court will determine whether the conditions listed in Article 114 of the Code of Civil Procedure are met. The court will assess whether it is authorized to hear the case, whether legal remedies are available, whether the court where the case was filed is responsible for resolving the dispute, whether the court has territorial jurisdiction, whether the plaintiff has the capacity to file a lawsuit, whether there is a right to sue, whether the attorney has the authority to represent the case, and whether a duly issued power of attorney exists if the case is filed through an attorney.
For example, it is known that in divorce cases, the competent court is the court of the place where one of the spouses resided for the last six months prior to the lawsuit or where the spouses last shared a common residence, pursuant to Article 168 of the Civil Code.
At the first hearing, the court will decide whether the court where the case was filed is the court of residence of one of the spouses or the court of the common residence during the last six months prior to the lawsuit.
After examining the merits of the case, the court will review the preliminary objections raised by the parties. According to Article 116 of the Code of Civil Procedure, preliminary objections include objections to jurisdiction where there is no mandatory jurisdiction rule and objections to arbitration.
Since divorce cases cannot be resolved through arbitration, the courts will only examine objections related to jurisdiction. According to Article 117 of the Code of Civil Procedure, preliminary objections must be raised by the defendant in their statement of defense. Objections not raised in the defense will not be taken into consideration by the judge.
After examining the procedural requirements and preliminary objections at the first hearing, the judge will definitively determine the disputed issues. At this stage, the judge will identify the material and moral claims of the parties related to the divorce.
Subsequently, the preparatory phase will begin. In fact, the resolution of the case consists of five stages: the petition stage, the preliminary examination stage, the investigation stage, the oral hearing stage, and the decision stage. The preliminary examination stage serves as preparation for the investigation.
During the preliminary examination, the court may grant the parties time to submit evidence. The parties do not directly submit evidence to the court; however, if the locations for collecting evidence are specified in the petition, the court will carry out the necessary procedures to collect such evidence. Additionally, if the parties state in their petitions that they will rely on witness testimony and present witnesses, witness summons may be issued.
Another important point regarding how the first-instance court conducts divorce proceedings is Article 7 of the Law on the Establishment, Duties, and Trial Procedures of Family Courts, titled “Procedural Provisions.”
According to the above provisions, before proceeding to the merits of the case at the first hearing, the judge will identify the problems faced by the spouses and children based on the nature of the divorce case and will encourage an amicable resolution of these issues.
If reconciliation between the spouses is not achieved, the proceedings will continue and the judge will render a decision on the merits. However, it should be noted that in divorce cases filed under Articles 166/III and 166/IV of the Turkish Civil Code, the judge’s duty to encourage reconciliation does not apply. Indeed, the nature of divorce cases filed under these provisions precludes reconciliation efforts.
You may easily choose Izmir divorce lawyer offices for your divorce procedures. You can contact us easily through our communication addresses.