In a divorce case, the judge asks various questions to understand the parties’ requests for divorce, the current status of their relationship, and other conditions that may affect the divorce decision. The purpose of these questions is to evaluate whether the divorce is based on a just cause, property division, alimony, and child custody. The questions may vary depending on the type of divorce (contested or consensual) and the requests of the parties.
Basic Questions the Judge May Ask in a Divorce Case:
1. Marital Status and Duration of Marriage:
Can you tell us how long your marriage lasted?
What are the biggest problems in your marriage?
Did you experience a serious crisis during your marriage?
2. Request for Divorce and Reason:
Why are you requesting a divorce?
Do you claim that you want a divorce because of your spouse’s behavior? (For example, infidelity, violence, indifference, etc.)
Is there a situation where you do not want a divorce?
3. Allegations of Infidelity:
Do you think your spouse is unfaithful?
Do you have evidence that your spouse is in a relationship with someone else?
4. Domestic Violence or Violence Accusations:
Has there been physical or psychological violence in your marriage?
Do you have evidence of violence (police report, hospital report, etc.)?
Do you have witnesses that your spouse has been violent?
5. Status of the Children:
Who do you want your children to stay with?
Is there a dispute over custody of the children?
Has there been a situation that prevented your children from communicating with either parent?
Are you requesting alimony for the children?
6. Division of Property:
What do you think about the division of property and assets acquired during the marriage?
Have you had a dispute with your spouse over the division of property?
What is the status of the property acquired before or after the marriage?
7. Request for Alimony:
Are you requesting alimony? How much alimony are you requesting?
Do you have information about your spouse’s income?
Is there a dispute about the responsibility to pay alimony?
8. Other Requests and Case Topics:
Does your spouse have any material or moral debts to you?
Do you think your spouse has not fulfilled any obligations to you?
Are you requesting material or moral compensation during the divorce process?
9. Whether the Marriage Can Be Continued:
Do you have any solution suggestions to save your marriage?
Have you considered taking any measures to continue your marriage?
10. Results and Requests:
Do you have any other solution suggestions other than divorce?
What conditions would you like to proceed with after the divorce decision?
Notes on the Judge’s Questions:
Contested Divorce: The judge may thoroughly question the parties about the issues they disagreed on during the divorce process. These questions may include issues such as violence, infidelity, property division, alimony and child custody.
Consensual Divorce: If the parties have agreed on a divorce, the judge will ask more limited questions and obtain information about the terms of the divorce.
Proving the Evidence: The judge may request that evidence be presented to determine the accuracy of the allegations. It is very important to present evidence, especially for allegations such as violence, infidelity or property division.
In a divorce case, the judge takes into account the parties’ demands, the problems they have experienced and all kinds of evidence when making a divorce decision. The judge asks the necessary questions to understand the parties’ relationship, to ensure the best protection of children and to make a fair property division. In this process, it is very important for the parties to provide accurate information and to present evidence supporting their claims.
