What is a Divorce Petition and How to Write One?

A divorce petition is the written document that spouses must submit to the court to initiate divorce and is the first step of the divorce case. Through this petition, claims, evidence and requests are presented to the court, and the case process officially begins once the petition is filed.

What to Pay Attention to in a Divorce Petition?

A divorce petition is divided into two types depending on whether the spouses have agreed or disagreed on matters within the scope of divorce. If the spouses agree on all issues, an uncontested divorce petition is written; if they cannot reach agreement on some points, a contested divorce petition is written.

Article 119 of the Code of Civil Procedure specifies what must be included in a lawsuit petition:

If deficiencies are found in these matters, the judge gives the plaintiff a 1-week period to complete the deficiency.

How to Write a Divorce Petition?

In the introduction section of the divorce petition, information is provided about which competent court it is addressed to, the parties to the case and the subject of the case.

Then, under the explanations heading, problems experienced, events causing the end of the marriage and concrete reasons why the continuation of the marriage is not possible are included. After the explanations, evidence that proves the alleged facts is written under the evidence heading.

How to Write an Uncontested Divorce Petition?

Spouses who have agreed on divorce must specify the agreed points one by one in the uncontested divorce petition. For example, if they have children, who will have custody, and if alimony and compensation are to be paid, how they have agreed on these matters must be stated in the petition.

What is an Uncontested Divorce Protocol?

In uncontested divorce cases, an uncontested divorce protocol must also be prepared together with the petition. The divorce protocol is a contract that regulates the legal consequences of divorce and must be signed by both spouses.

What are the Conditions for Uncontested Divorce?

Certain conditions must be met for an uncontested divorce:

• •The marriage must have lasted at least 1 year.
• •Both spouses must apply together, or one party must accept the other party's divorce case.
• •The court must hear both parties in person simultaneously and ensure they freely express their will.
• •If present in the uncontested divorce protocol, the situation of common children and financial outcomes must be arranged and approved by the court.

How to Write a Contested Divorce Petition?

When the parties do not agree on divorce or cannot agree on issues such as compensation, custody and alimony, a contested divorce case must be filed. Generally, these cases are filed on the grounds of irretrievable breakdown of marriage.

Remarriage Periods After Divorce

Women can remarry after completing the mandatory 300-day waiting period (iddet period) after divorce. There is no waiting period for men.