What questions does a judge ask in an amicable divorce case?

What Does a Judge Ask in a Divorce Case? – Lawyer in Izmir

In consensual divorce cases, the judge reviews and evaluates the prepared protocol according to the parties' circumstances and conditions before making a decision. In this sense, the prepared protocol should not be fixed or standardized. All aspects and conditions, such as property division, child custody, and alimony, should be explained in detail. Otherwise, the parties may suffer losses of rights in the future. For example, if there is no specific arrangement regarding immovable properties acquired during the marriage, one spouse may be able to file a lawsuit after the divorce decree is issued. In this context, while the marriage and all division of property are considered to be over, more difficult legal processes can ensue. 

If the parties have children together, the judge must also approve the decisions they have made regarding their custody in the protocol. For example, the days and times for establishing personal contact with the child should be in accordance with established practice or... Supreme Court If the protocol is amended to contradict the decisions made, the judge will not be able to accept it as is. In amicable divorces, the judge must accept the decisions regarding financial matters as well as custody. If the judge detects any irregularities in the decisions regarding alimony, material and moral compensation, and custody, he/she may make changes. If the parties accept these changes, the divorce is finalized; if the parties reject them, the case may turn into a contested divorce.   

In consensual divorces, a prerequisite is that one year must pass after the official marriage ceremony. The parties can submit a petition with a joint decision to divorce, or one party can apply to the court with a divorce protocol stating the agreed-upon terms and a separate petition. The judge listens to the parties' divorce proposals. Spouses wishing to end their marriage must attend the hearing. Unlike a contested divorce case, the judge questions the couple during the hearing. In a consensual divorce case, if even one spouse is absent, the divorce cannot be finalized. Therefore, both spouses must attend and declare before the judge whether or not they agree to the terms of the consensual divorce protocol submitted to the court. 

The court will review the clauses of the agreement jointly prepared and signed by the spouses. The judge will personally review the points signed by the spouses in the agreement and ask them whether they agree with these clauses. 

No unlawful terms should be included, and the agreement should be prepared in accordance with family law. The judge may make legally permissible amendments to the protocol where deemed necessary, but must obtain the consent of both spouses. If one spouse does not agree, a divorce will not be granted. The judge may grant a divorce only if he/she is convinced that both parties' interests and intentions regarding the divorce are considered. The judge must take into account the consent of both parties. If it is determined that the parties seeking a divorce do not agree on the terms of the agreement, the consensual divorce case will be dismissed.  

For parties who agree to the divorce protocol in court after a hearing date is set, a divorce decree is issued on the same day. However, this decision does not mean the parties are divorced; it means the court has approved the divorce requests. If you would like to know more about the timeframes for finalizing consensual divorce cases, please see our article titled "How long do consensual divorce cases take?". from here You can reach us. 

Once an amicable divorce case concludes, a new lawsuit can be filed regarding provisions not included in the protocol and concerning custody. Additionally, if there are no explicit provisions regarding property division, a separate property division lawsuit can be filed. The most significant reason for appealing an amicable divorce is coercion into the agreement. One party may be pressured into agreeing to a divorce without making any financial claims. Therefore, legal assistance from a lawyer should be sought when preparing the protocol, as the agreement needs to be carefully drafted. 

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