What is a Divorce Petition?

Divorce petitions are categorized into two types, depending on whether the spouses have reached an agreement or disagreement on matters within the scope of divorce. If the spouses have agreed on all aspects of the divorce, an uncontested divorce petition is drafted. If the spouses do not share a common view on divorce or cannot reach an agreement on certain points, a contested divorce petition is drafted. Petitions include information about the parties, claims and evidence, and the spouses' requests. Article 119 of the Code of Civil Procedure (HMK) specifies the elements that a lawsuit petition must contain. These provisions also apply to divorce petitions. HMK Article 119 states that the following must be included in lawsuit petitions, and consequently, in divorce petitions:

1. The name of the court
2. The names, surnames, and addresses of the parties
3. The plaintiff's Turkish ID number
4. The names, surnames, and addresses of the parties' legal representatives or attorneys, if any
5. The subject matter of the case and, in cases concerning property rights, the value of the subject matter
6. Clear summaries of the facts underlying the plaintiff's claim, presented in numbered order
7. The evidence by which the alleged facts will be proven
8. The legal grounds relied upon
9. A clear statement of the requested outcome
10. The signature of the plaintiff, or their attorney or legal representative, if any

In the event of any deficiencies in these matters, the judge will grant the plaintiff a one-week period to remedy the deficiency. If the deficiency is not remedied within the given one-week period, the case shall be deemed not to have been filed.

The introductory part of a divorce petition provides information about the competent local court to which it is addressed, the parties to the case, and the subject matter of the case. Subsequently, under the heading "Explanations" or "Statement of Facts," the issues encountered, the facts that led to the dissolution of the marriage, and concrete reasons indicating the impossibility of continuing the marriage are detailed. At this point, the main outline of our petition is formed. Following the explanations, under the heading "Evidence," the evidence serving to prove the facts asserted when filing the lawsuit is listed. All that remains is to state the legal grounds and complete the "Conclusion and Prayer for Relief" section. Under the heading "Legal Grounds," it is specified which articles of law the defendant has violated. In the "Conclusion and Prayer for Relief" section, what we request the court to rule upon is clearly stated. For example, requests such as alimony, custody, or compensation claims are explicitly enumerated, and the petition is completed by requesting appropriate action from the court.

It is advisable to draft the petition with the aid of electronic tools for clarity. However, it is also possible to write it by hand. Furthermore, to avoid irreversible loss of rights in later stages, seeking assistance from a lawyer will be to your benefit.

How to Draft an Uncontested Divorce Petition?

We have explained the basic principles of drafting a petition above. Now, it is useful to discuss what should be considered and what must be specified in an uncontested divorce petition. Spouses who have agreed on the divorce must individually state the points of their agreement in the uncontested divorce petition. For example, if there are children, who will have custody, and how they have agreed on alimony and compensation, if applicable, must be specifically stated in the petition. Additionally, to file an uncontested divorce case, an uncontested divorce protocol, prepared for submission to the court and retention by the parties, and signed by both spouses, must also be submitted along with the petition.

What is an Uncontested Divorce Protocol?

In uncontested divorce cases, an uncontested divorce protocol must be prepared along with the petition. A divorce protocol is a contract that regulates the legal consequences of divorce and must be signed by both spouses. The divorce protocol enables spouses to divorce within a short period. Through an uncontested divorce, the case is concluded based on the agreed points without evaluating the fault of the parties. However, the judge must hear the parties in the case and be convinced that their wills have been freely expressed. Furthermore, the judge may make changes to the agreed points in the protocol if deemed necessary. For example, the judge may make changes to the agreed points in the protocol concerning financial agreements, alimony, and child-related matters if deemed necessary. If changes are made, the divorce decree is issued upon the parties' acceptance of these changes.

What are the Conditions for Uncontested Divorce?

There are certain conditions for an uncontested divorce. The marriage must have lasted for at least 1 year. Spouses must apply jointly, or one party must accept the other party's divorce petition. As mentioned above, the court must personally hear the parties simultaneously in its presence and ensure that their wills have been freely expressed. If an uncontested divorce protocol exists, the situation of the joint children and financial consequences must be regulated therein, and this protocol must be approved by the court.

How to Draft a Contested Divorce Petition?

In cases where the parties disagree on divorce or cannot reach an agreement on matters such as compensation, custody, and alimony, a contested divorce case must be filed. The contested divorce petition, which is the first step in a contested divorce case, holds critical importance at this point. The events experienced and their impact on the divorce, the evidence by which these events will be proven, and the specific requests being made must be clearly stated in the petition. Contested divorce petitions vary as each divorce case involves different events and requests. Generally, contested divorce cases are filed on the general ground of divorce, namely the marital union being fundamentally shaken, due to the ease of proof. We recommend you refer to our article on divorce cases for comprehensive information on how divorce cases proceed and what the general and specific grounds for divorce are.

What is the Waiting Period for Women to Remarry After Divorce?

Women can remarry after completing the mandatory 300-day waiting period following a divorce. This waiting period is also known as the period of iddah. The main purpose of this waiting period is to prevent confusion regarding the paternity of a child born if the woman is pregnant. If women are not pregnant or intend to remarry their divorced spouse, they can have the waiting period lifted by a court order. An application can be made to the Family Court to have the period lifted; otherwise, the 300-day period must be observed. Regarding the waiting period, the same 300-day period of iddah also applies in the event of a spouse's death, in addition to divorce.

What is the Waiting Period for Men to Remarry After Divorce?

Men do not have a waiting period they must observe after divorce or the death of their spouse. They can remarry whenever they wish.

What is the Fee for a Divorce Petition?

The drafting fee for all types of petitions is regulated in the "2026 Minimum Attorney Fee Tariff" as at least the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) + VAT. Petition drafting fees can be freely determined by attorneys based on the complexity of the case and the effort required. It should be remembered that in a divorce case, as in any lawsuit, you are bound by what is written in your petition. In this regard, if your petition is drafted contrary to procedure or if evidence is presented unlawfully, which is frequently encountered, it will mean that your petition will not be considered. Although there are many free petition samples, each petition possesses different characteristics as it is shaped within the context of its own specific case. Therefore, seeking support from a lawyer is crucial to avoid irreversible loss of rights.

In this article, we discussed divorce petitions, which are the first step in divorce proceedings. If you have any questions regarding this topic, please feel free to ask.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy