Categories: General

What Happens If One Of The Married People Deceives After The Divorce is Filed?

he spouses have some responsibilities and obligations to each other during the marriage from the beginning of the marriage union. Every spouse must be loyal to his wife to stay true to his wife during the marriage union. Loyalty is one of the most important obligations of the marriage union. The loyalty obligation will only end when the marriage union ends. The marriage union ends with death in two ways and officially the divorce.

ANY RELATIONSHIP AFTER THE CASE OF DIVORCE
Until the decision of the divorce is finalized, the spouses have to fulfill their marriage obligations against each other. Because the wives are still married until the decision is finalized and the obligations of the marriage union continue. Not only the obligations but also the rights continue. For example, if the divorce proceeds without passing the title of inheritance of the spouse. (Only if the conditions of the heirs are formed may continue to be the case.)

While the spouses have requested divorce, the marriage obligations will continue until their divorce is decided. With the finalization of the divorce decision, the loyalty obligation of the spouses will be eliminated. According to Article 185 of the Turkish Civil Code, ine spouses must live together, help each other and remain loyal. The continuation of a divorce case between spouses does not mean that the parties’ loyalty obligations to each other are over. M the procedure is finalized. Ları If the divorce proceedings between spouses continue to be deceptive or if they do not act in accordance with the obligation of loyalty, their responsibilities will be born and combined with the opening of a separate case, the importance of deception will be given in determining the rate of defect in the divorce case.

WHAT HAPPENS AFTER THE DIVORCE CASE IS OPENED?
According to the rules of the lawsuit is the subject of the case, the case is subject to the case. Subsequent reasons cannot be the subject of the ongoing case. ; Parties in the HMK m.141 / 1, responding to the answer and freely with the second answer petitions; in the preliminary investigation stage, however, they may expand or modify their claims or defenses with the open consent of the other party. If one of the parties does not come to the pre-trial hearing without an excuse, the receiving party may expand or modify the claim or defense without seeking his consent. After the completion of the preliminary examination, the claim or defense cannot be extended or changed. Ian it is clearly determined which case can be extended in the process of the case and in which case it cannot be extended.

WHAT SHOULD BE DONE AFTER THE DRAWING CASE?
As a rule, only the facts reported in the case file determine the limit of the case and the court can only examine and evaluate these events. It is not possible to evaluate a material phenomenon that occurred after the date of the case and to take the decision as a matter of fact. If a petition is made, it can be asserted in the petition for reply to the reply, and in the absence of the defendant, it can be brought forward in the preliminary examination.

According to this rule if the stage of the case of the plaintiff or the defendant proceeding in the case of a new incident and if there is evidence of the case they can not add to the case, they can not present as additional evidence, new events occurring after this stage can be the subject of a new case. If the parties have filed for a reason for divorce other than deception, and the deception occurred during that trial, this situation does not affect the ongoing divorce case and cannot be added as evidence. In this case, if the parties find out that the deception has occurred during the divorce, they can open a new divorce case and demand the merger of the cases. Only in this way the new case, the cause of the case and the evidence can be asserted in the process of divorce. In this context, there is no need to wait for the ongoing case to be finalized or to be finalized in order to open a divorce case and demand a merger.

Aşıkoğlu Law Office

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