{"id":10750,"date":"2024-11-13T11:38:32","date_gmt":"2024-11-13T08:38:32","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=10750"},"modified":"2024-11-21T11:41:00","modified_gmt":"2024-11-21T08:41:00","slug":"cekismeli-bosanma-davasinda-masraflari-kim-oder","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/cekismeli-bosanma-davasinda-masraflari-kim-oder\/","title":{"rendered":"Who pays the costs in a contested divorce case?"},"content":{"rendered":"Who Pays the Expenses in a Contested Divorce Case?<\/p>\n

A contested divorce case is a type of case where there is disagreement between the parties, where important issues such as property division, alimony, and child custody are discussed. This process may not be a situation where one party wins and the other loses; court decisions try to balance the rights of both parties. However, the costs of the case are determined according to certain rules, regardless of who wins the case.<\/p>\n

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What are the Expenses in a Contested Divorce Case?<\/p>\n

Case Fee:<\/p>\n

A fee must be paid to file a divorce case. This fee is paid to the court at the beginning of the case.
\nThe case fee is calculated according to a certain rate and is usually directly proportional to the amount of the case.<\/p>\n

Lawyer Fees:<\/p>\n

In contested divorce cases, both parties usually hire a lawyer. The lawyer’s fee is determined by an agreed fee or hourly fee.
\nThe lawyer’s fee varies according to the length and complexity of the case.<\/p>\n

Evidence Fees:<\/p>\n

Expenses may occur for the evidence that the parties will present in court. For example, calling witnesses, preparing written documents or obtaining expert opinions.<\/p>\n

These evidentiary costs are also the responsibility of the parties to the case.<\/p>\n

Expert Fees:<\/p>\n

If the court requests an expert report, the expert fees are added to the costs of the case.
\nThe expert evaluates the parties’ claims, prepares a report and submits it to the court.<\/p>\n

Other Expenses:<\/p>\n

Various minor expenses such as postage and court fees may also arise during the case process.
\nWho Pays the Case Expenses?<\/p>\n

In divorce cases, expenses can generally be shared between both parties, but the court’s final decision determines who will pay which expenses.<\/p>\n

General Rule:<\/p>\n

Loser Party Pays the Expenses: According to the Turkish Civil Code and the Code of Civil Procedure, the losing party is obliged to pay the costs of the case. This is not limited to the case fee, but also includes attorney fees and other expenses.
\nThe court decides which party will pay the expenses after evaluating the situations of both parties. Generally, the losing party is expected to bear all costs.<\/p>\n

Proportional Expense Payment:<\/p>\n

If the court decides that one party is completely right and the other is partially right, a proportional sharing of the costs can be made between the parties.<\/p>\n

For example, some costs can be shared equally between the parties, or the winning party may be asked to contribute to some parts of the case, while the losing party bears the costs.<\/p>\n

Court Decision and Alimony:<\/p>\n

The request for alimony can also have an impact on the costs. If alimony is requested in the divorce case, the court may decide to pay alimony. In this case, regulations such as alimony and alimony can also be taken into account and affect the decision to share the costs.<\/p>\n

In contested divorce cases, who will pay the costs is usually determined by the outcome of the case. The losing party is responsible for paying costs such as case fees and attorney fees. However, it is also possible for the court to share the costs proportionally according to the situation of both parties. Therefore, the court’s decision on who is right in the case plays an important role.","protected":false},"excerpt":{"rendered":"

Who Pays the Expenses in a Contested Divorce Case? A contested divorce case is a type of case where there is disagreement between the parties, where important issues such as property division, alimony, and child custody are discussed. This process may not be a situation where one party wins and the other loses; court decisions […]<\/p>\n","protected":false},"author":12,"featured_media":10751,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10750","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/10750","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=10750"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/10750\/revisions"}],"predecessor-version":[{"id":10752,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/10750\/revisions\/10752"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/10751"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=10750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=10750"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=10750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}