Why Are Fault and Proof Important in a Divorce Case?
In Which Courts Are Divorce Cases Filed?
Fault and proof of fault are important in divorce cases. Because the party at fault is the party who loses their rights in the court or has to give up some rights. For example, a party who is not financially sufficient, or not sufficient for the children, or even resorts to violence, can never obtain custody of the children. The deceiving party is the party at fault and may have to pay compensation to the other party. A spouse who commits economic and physical violence is also considered at fault by the court. However, these must be proven by the divorce lawyer with evidence and witnesses in an impressive manner.
When Can Alimony and Custody Cases Be Filed?
Divorce cases are cases seen within the scope of family law and in family courts. In cities where there are no family courts, they are filed in the primary courts. Those who move cities after separating can file a divorce case in these courts in the city they move to. Spouses who experience physical violence can request a restraining order to protect their lives during the lawsuit. Not only women but also men have these rights. Knowing your rights in a divorce case is important for the outcome of the case to be in your favor. Provisional custody and alimony cases can also be filed along with the divorce case. However, a separate evidence and lawsuit process begins for the main custody and alimony.