WHAT IS THE WAITING PERIOD (WAITING TIME)?
The period of time is the time that a woman must wait after her divorce in order to get married again. The duration of iddet is important for the balance of genealogical ties. Because there is a possibility that the woman will become pregnant if there is a sexual relationship within the marriage union, a time limit has been imposed on the woman’s remarriage after the divorce decision has been finalized by the legislator in order to prevent nesep confusion. Also known as the waiting period among the people, the waiting period is a restriction imposed only for the woman to wait, not the dec who is divorced. You can also find out the details about our divorce case article here.
WHAT IS THE DURATION OF THE PERIOD OF MENSTRUATION?
TMK m.according to the provision of 132/1, the duration of the period that a woman must wait for, starting from the end of the marriage, is 300 days. The date of termination of the marriage is the date of finalization of the divorce decision. In order for the court to finalize the divorce decision, the reasoned decision must be prepared and communicated to the parties, and the parties must not have applied to the law within the period from the date of notification. The divorce decision will be finalized when the parties do not apply to the legal way or waive these rights. In addition, if the parties apply to the remedy of the law against the decision, the decision will be finalized if the appeal is rejected by the supreme court. A divorced woman must wait for a period of 300 days before she can remarry after the decision is finalized.
CAN HE BE MARRIED BEFORE THE END OF THE WAITING PERIOD (WAITING PERIOD)?
It is possible that a woman whose marital union has ended can remarry without waiting for the due date. Because the duration of the period is one of the obstacles to an indefinite marriage. For this reason, the divorced woman will be able to make a new marriage. If a woman marries without waiting for this period, there will be no cancellation or termination of the marriage. The marriage will continue to have all the consequences of a normal marriage, it will not lose its validity.
HOW DOES THE PERIOD OF VALIDITY END?
The period of validity period ends spontaneously after the expiration of the 300-day period from the date of finalization of the divorce decision. It is also possible that the expiration date will expire before the specified period expires. For this, the divorced woman can apply to the court for the abolition of the waiting order. However, in order for the court to make a decision terminating the period, it is necessary that the woman is not pregnant. In addition, the law regulates that the period of menstruation will end when the woman gives birth. As the period of menstruation will end with the woman giving birth, the woman will be able to remarry.
WHAT ARE THE CONDITIONS THAT THE PERIOD OF MENSTRUATION CAN REMOVE?
A court decision is necessarily required to lift the period of validity. The abolition of the term of service is regulated in the law in two ways.
Understanding that the woman is not pregnant: If it is understood that the woman is not pregnant, she will be able to request the abolition of the waiting period from the court. If the woman who has filed a claim with the court proves that she is not pregnant, the term of her period expires. In order to prove this condition, it must also be documented with a doctor’s report bearing the signature of the obstetrician-gynecologist.
Remarriage of spouses: Spouses whose marital union has ended will be able to request the removal of the period from the court if they want to remarry.
WHAT HAPPENS IF A BIRTH OCCURS OR BECOMES PREGNANT DURING THE PERIOD OF MENSTRUATION?
If a woman gives birth within a 300-day period starting after the finalization of the divorce decision, the father of the child will be considered the divorced husband in accordance with the presumption of paternity. This presumption is considered valid unless proven otherwise.
If a woman becomes pregnant with someone else during the waiting period, she must wait for the period of time before she can marry that person. Because in order for a woman to remarry during the period of her period, she must obtain a decision from the court by submitting a doctor’s report proving that she is not pregnant. As a matter of fact, when a woman is pregnant, the court will not be able to decide on the abolition of the period of validity. In this case, when a woman gives birth within the term of her period, the father of the child born according to the presumption of paternity is considered to be the divorced spouse. In this case, the necessary thing to do to prevent nesep confusion will be to file a claim for denial of genealogical ties by the divorced spouse.
HOW AND WHERE TO OPEN A CASE FOR THE ABOLITION OF THE TERM OF SERVICE?
The case for the abolition of the term of stay is opened with a petition for a case to be submitted to the Family Court. The plaintiff woman will submit a doctor’s report to the court indicating that she is not pregnant and request that the period of her period be removed. Since the case for the abolition of the period of validity is a non-adversarial type of case, it is not filed against anyone and is decided only at the request of the plaintiff. In addition, since this case is a non-contentious jurisdiction, a simple trial procedure will be applied. The competent court is the Family Court located in the woman’s settlement. In places where there is no Family Court, these cases will be handled by the Court of First Instance, the Family Court.
WHAT SHOULD BE WRITTEN IN THE PETITION FOR THE ABOLITION OF THE PERIOD OF VALIDITY?
Who wants to sue the plaintiff for the duration of the removal of violence, female divorce petition with the court, and the decision on the basis of the number of kesinlesme the date, he’d divorced his wife, but the 300-day waiting period due to marry someone else, whether they should prepare a petition stating that the removal of this period had requested. In addition, the doctor’s report must be submitted as evidence in the petition.
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