Infidelity After Filing for Divorce

Spouses have certain responsibilities and obligations to each other during the marriage from the day the marriage union begins. Each spouse must be faithful to his wife during the marriage union, be faithful to his wife. Loyalty is one of the most important obligations imposed by the marriage union. The obligation of fidelity will end only with the termination of the marriage union. The marriage union, on the other hand, ends in two ways, in case of death and officially with the realization of a divorce.

ANOTHER RELATIONSHIP AFTER FILING FOR DIVORCE
Spouses are obliged to fulfill their marital obligations to each other until the decision of the divorce case is finalized. Because until the decision is final, the spouses are still married and the obligations of the marriage union remain. Not only obligations, but also rights remain. For example, in case of death before the divorce is finalized, the spouse’s title of heir is. (Only if the conditions of the heirs have been established, it may be possible for him to continue the case.)

although the spouses have requested their divorce during the process, their marriage obligations will continue until their divorce is decided. With the finalization of the divorce decision, the spouses’ obligation to fidelity will also disappear. 185 of the Turkish Civil Code. according to the article ‘ spouses must live together, help each other and remain faithful. The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ obligations of Dec to each other have ended,” he said that the parties should also remain loyal to each other while the divorce case is ongoing.The divorce decision is finalized if the parties do not appeal / appeal, or if the appeal / appeal is received and the file is returned from the high court and all procedural procedures are completed. ‘If infidelity occurs between spouses while the divorce process is ongoing or if they act in accordance with their loyalty obligations, their responsibilities will arise and importance will be given to infidelity when determining the Dec of defects in the divorce case by combining it with the opening of a separate case.

WHAT HAPPENS IF THERE IS A DECEPTION AFTER THE DIVORCE IS FILED ?
According to the rules of procedure, the case is decided on whatever the subject of the lawsuit is filed. Subsequent reasons cannot be the subject of an ongoing lawsuit. HMK m.141/1 also states that “the parties may freely extend or amend their claims or defenses with the express consent of the other party only if they are in the pre-review stage, with the petitions for an answer and a second answer to the answer. if one of the parties does not come to the preliminary examination hearing without an excuse, the incoming party may expand or amend its claim or defense without seeking its consent. after the completion of the preliminary examination phase, the claim or defense cannot be expanded or amended. ” it is clearly stipulated that the claim subject to litigation can be expanded in which litigation process and cannot be expanded in which litigation process

WHAT SHOULD BE DONE IN CHEATING AFTER FILING FOR DIVORCE?
As a rule, only the events reported in the lawsuit petition determine the limit of the case, and the court can only examine and evaluate these events. It is not possible to evaluate a material fact that occurred after the date of the case and take it as a basis for a decision, if an answer petition is filed, the answer can be put forward in the answer petition, and at a preliminary examination hearing, a new case can be put forward in the absence or with the consent of the defendant.

According to this rule, the plaintiff or the defendant while the case is pending if the mentioned stages is past it’s a new event, and can’t add to the case that is formed of evidence, additional evidence may not submit new events after this stage, however, may be the subject of a new case. If the parties have filed a lawsuit for a divorce other than infidelity and infidelity has occurred while this case is ongoing, this does not affect the ongoing divorce case, it cannot be added as evidence. In this case, if the parties find out that the deception occurred during the divorce process, they can file for a new divorce and request a merger of the cases. Only in this way can the new case, the reason for the case and the evidence be put forward in the divorce process. In this context, there is no need to wait for the conclusion or finalization of the ongoing case to file for divorce due to infidelity and request a merger.

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