Events Occurring After the Divorce Suit Is Filed
Marital duties—including fidelity—continue after the suit is filed. Facts from marriage until filing form the subject of the case; facts arising after filing cannot be pleaded in the same action. Adultery during the trial of a breakdown case requires a new lawsuit.
What Is Amendment (Islah) in Divorce?
Under the Code of Civil Procedure, amendment is allowed once until the end of the inquiry stage and may change procedural acts in whole or in part—but still cannot introduce post-filing facts. Pre-filing adultery discovered later may convert a breakdown claim into an absolute adultery ground by amendment. Specialist counsel is essential for this step.
Child Custody and Contact
Children must not become mere bargaining chips. Unhappy homes also harm them. Counsel plus psychologist or social worker support is wise; best interests under the CRC come first.
Interim Custody and Contact During the Case
Art. 169 TCC tasks the family-court judge with interim custody, contact, housing and maintenance. The measure is the child’s needs and the parties’ means—not who is “right” or “wrong.”
Custody After Judgment and the Protocol
Final custody is a matter of public order; CRC Art. 3 best interests and Art. 12 hearing the child apply. Court of Cassation 2011/2-884–2012/197 requires consulting a child with sufficient discernment. The judge may adjust a consensual protocol; custody can later be changed. At Karınca Law Firm in Çankaya we advise on these Ankara files.
- Post-filing facts → new suit
- Amendment: pre-filing facts only, once, until inquiry ends
- Art. 169: interim custody, contact, maintenance
- Criterion: child needs + parties’ means
- CRC Arts. 3 and 12; child’s views