WHAT IS A DIVORCE PETITION?

Divorce petition is divided into two depending on whether the spouses agree or disagree on the issues within the scope of divorce. If the spouses agree on all issues within the scope of divorce, a consensual divorce petition is written. If the spouses do not have a common opinion about the divorce or cannot agree on some points, a contested divorce petition is written. Petitions include issues such as party information, allegations and evidence, and spouses' wishes. Article 119 of the Code of Civil Procedure specifies what must be included in the petition. The issues within the scope of this article are also valid for divorce petitions. In HMK article 119;

1. Name of the court 2. Names, surnames and addresses of the parties 3. Plaintiff's T.R. identification number 4. If the parties have legal representatives or attorneys, their names, surnames and addresses 5. In cases related to the subject of the case and property rights, the value of the subject of the case 6. Clear summaries of the facts that form the basis of the plaintiff's claim, under serial numbers 7. What evidence will prove the alleged facts? 8. Legal reasons relied on 9. Clearly the result of the request 10. Signature of the plaintiff, his attorney or legal representative, if any

The issues that should be included in the petitions and therefore in the divorce petitions are stated. If there are deficiencies in these matters, the judge will give the plaintiff 1 week to complete the deficiencies. If the deficiency is not completed within the given 1-week period, the case is deemed not to have been filed.

In the introduction part of the divorce petition, information is given about the competent court to which it is addressed, the parties to the case and the subject of the case. Then, under the heading of explanations, the problems experienced, the events that caused the marriage to end, and concrete reasons that it is not possible for the marriage to continue are included. Our petition is now outlined. After the explanations, evidence that serves to prove the facts put forward when opening the case is written under the heading of evidence. All that remains is to state the legal reasons and the conclusion and claim section. Under the heading of legal reasons, it is stated which articles of law the defendant party has violated. Under the title "Conclusion and Request", it is clearly written what we want the court to rule by filing a lawsuit. For example, requests such as alimony, custody, and compensation requests are clearly listed and the petition is completed by asking the court to take necessary action.

In order for the petition to be understandable, it would be better to write it with the help of electronic tools. However, it is also possible to write it in handwriting. Additionally, it would be in your best interest to get help from a lawyer in order to avoid irreversible loss of rights in the future.

How to Write a Consensual Divorce Petition?

We have explained above how the petition should be written. Now, it would be useful to talk about what should be taken into consideration and what should be stated in the consensual divorce petition. Spouses who have agreed on divorce must state the points they agree on one by one in the consensual divorce petition. For example, if they have children, who will have custody, if alimony and compensation will be paid, how they agreed on these issues should be specifically stated in the petition.  In addition, in order to file a consensual divorce case, a consensual divorce protocol signed by both spouses must be submitted along with the petition, to be submitted to the court and kept by the parties.

What is Consensual Divorce Protocol?

In consensual divorce cases, a consensual divorce protocol must be prepared along with the petition. Divorce protocol is a contract that regulates the legal consequences of divorce and must be signed by both spouses. Thanks to the divorce protocol, spouses can get divorced in a short time. Thanks to a consensual divorce, the case is concluded based on the agreed issues, without evaluating whether the parties are at fault or not. However, the judge must listen to the parties through the case to be heard and be satisfied that their will is freely expressed. In addition, the judge may make changes to the agreed points in the protocol if he deems it necessary. For example, the judge may make changes, if deemed necessary, to the points agreed upon in the protocol for financial agreements, alimony and child-related situations. In case of changes, the divorce decision is given when the parties accept these changes.

What are the Conditions of Consensual Divorce?

There are a number of conditions for a consensual divorce. The marriage must have lasted at least 1 year. Spouses must apply together or one party must accept the divorce case of the other party. As we mentioned above, the court must hear the parties in person at the same time and make sure that they express their will freely. If there is a consensual divorce protocol, the situation of the joint children and financial consequences must be regulated and this protocol must be approved by the court.

How to Write a Contested Divorce Petition?

In cases where the parties do not agree on the divorce or cannot agree on issues such as compensation, custody and alimony, a contested divorce case must be filed. The uncontested divorce petition, which is the first step in a contested divorce case, is of critical importance at this point. In the petition, the events experienced and their effects on the divorce, the evidence through which the events will be proven and what requests are made should be clearly written one by one. Contested divorce petitions vary because there are different events and demands in each divorce case. Generally, contested divorce cases are filed because it is easier to prove and the foundation of the marriage union has been shaken, which is one of the general reasons for divorce. We recommend that you take a look at our divorce case topic to get comprehensive information about how divorce cases work and what the general and specific reasons for divorce are.

How Long Does It Take for Women to Get Married After Divorce?

After divorce, women can remarry after completing the mandatory 300-day waiting period. This waiting period is also called the waiting period. The main purpose of this waiting period is to prevent confusion about who the father of the unborn child is if the woman is pregnant. If women are not pregnant or are considering remarrying their divorced spouse, they can have the waiting period lifted by court decision. The period can be lifted by applying to the Family Court, otherwise a period of 300 days must be waited. Regarding the waiting period, the same 300-day waiting period applies in case of death of the spouse as well as in case of divorce.

How Long Does It Take for Men to Get Married After Divorce?

There is no period that men have to wait after divorce or the death of their spouse. They can remarry whenever they wish.

How Much is the Divorce Case Petition Fee?

The writing fee for all kinds of petitions is regulated in the "2026 Lawyer Minimum Fee Tariff" as at least + VAT. Petition writing fees can be freely determined by lawyers, depending on the size of the incident and how much effort it will require. It should not be forgotten that in a divorce case, as in every case, you are bound by what is written in your petition. In this regard, if your petition is written illegally or if the frequently encountered evidence is presented unlawfully, this will mean that your petition will not be evaluated. Although there are many free petition examples, each petition has different characteristics as it is shaped within the framework of its own event. In this regard, it is important to get support from a lawyer in order to avoid irreparable loss of rights.

In this article, we talked about divorce petitions, which are the first step in divorce. You can also send any questions you may have regarding the subject to our office in the comments section.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy