Spouses have certain responsibilities and obligations to each other during the marriage from the day the marriage union begins. Every spouse should be faithful to his /her spouse during the marriage union, he/ she should be faithful to his / her spouse. 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 marital union. On the other hand, the marriage union ends in two ways, in the event of death and with the formal realization of divorce.
ANOTHER AFFAIR AFTER DIVORCE PROCEEDINGS WERE FILED
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 finalized, the spouses are still married and the obligations of the marriage union continue. Not only obligations, but rights also continue. For example, the spouse’s title of heir in case of death before the divorce is finalized. (It may be possible to continue the case only if the conditions of the heirs have been established.)
Even if the spouses have made a request during the divorce process, the obligations of the marital union continue until their divorce is decided. With the finalization of the divorce decision, the fidelity obligations of the spouses will also disappear. 185 Of the Turkish Civil Code. according to the article, ‘Spouses have to live together, help each other and remain faithful to each other.
The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ loyalty obligations to each other have ended,”the President said, noting that the parties should remain loyal to each other while the divorce case is ongoing. Dec. If the parties do not file an appeal / appeal, or if the appeal/ appeal application is received and the file is returned to the Court of Cassation and all procedural procedures are completed, the divorce decision becomes final. ‘If infidelity occurs between spouses while the divorce process is ongoing or if they act in accordance with their loyalty obligations, their responsibilities arise and infidelity is given importance when determining by combining the declaration of defect in the divorce case with the filing of a separate lawsuit. Decriminalization of infidelity is considered.
WHAT HAPPENS IF THERE IS INFIDELITY AFTER THE DIVORCE IS FILED?
According to the procedural rules, the case is decided according to whatever the subject of the case is. The reasons that arise later cannot be the subject of an ongoing case. HMK m.also in 141/1, “The parties may freely expand or modify their claims or defenses with the express consent of the other party, only if they are at the preliminary examination stage, with petitions for a response and a second response to the response.
If one of the parties does not come to the preliminary examination hearing without justification, the incoming party may extend or modify its claim or defense without seeking its consent. After the preliminary examination phase is completed, the claim or defense cannot be expanded or modified.” by its provision, it is clearly stipulated in which claim subject to litigation can be expanded in the process of litigation and which claim cannot be expanded in the process of litigation
WHAT SHOULD BE DONE IN CASE OF INFIDELITY AFTER FILING FOR DIVORCE?
As a rule, the events reported in the petition set 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 base the decision on it, if an answer petition is filed, an answer may be given in the answer petition, and a new case may be filed in absentia or with the consent of the defendant at the preliminary examination hearing.
October October, according to this rule, if the plaintiff or defendant has passed the specified stages while the case is ongoing, it is a new event and cannot make an addition to the case consisting of evidence, additional evidence cannot reveal new events after this stage, but it can be the subject of a new case. If the parties have filed a divorce case 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 cheating has taken place during the divorce process, they can file a new divorce case and request that the cases be consolidated. Only in this way can a new case, the reason for the case and the evidence be revealed during the divorce process. In this context, there is no need to wait for the conclusion or finalization of the ongoing case in order to file for divorce due to infidelity and request a merger.