What are the Documents Required for Divorce?
In order to divorce, individuals have to file a lawsuit in this case. It is not possible to terminate the marriage without filing a divorce case. Divorce cases, on the other hand, can be of different types depending on the reason for the divorce to be put forward, whether the parties agree on the material and moral consequences of the divorce, and the conditions specified in the Civil Code. In any case, the first document to be prepared while preparing the necessary documents for divorce is the divorce petition. Whether the parties will file an uncontested divorce case or a contested divorce case, they must prepare a petition for divorce. The petition for divorce will vary depending on the type of lawsuit to be filed. Now, we will talk about how the petition should be prepared according to the divorce petition and the type of divorce case, which have an important place in the documents required for divorce.
Divorce Petition
The divorce petition is the document that will form the skeleton of the lawsuit to be filed. While the reason why the marriage will be concluded is included in the divorce petition, many details such as the demands and wishes of the person who will file the lawsuit from the other party, how the attitudes and behaviors leading to the divorce take place in the marriage, and the parties to the divorce are included in the divorce petition. While preparing the necessary documents for divorce, the petition for divorce must be designed in accordance with the legal infrastructure. The type of divorce case to be filed will cause the petition to differ here. So much so that the content of the petition to be submitted to the court will change according to the uncontested divorce or the contested divorce case.
a) Uncontested Divorce Petition
In uncontested divorces, if the conditions stipulated by the Law are met, a petition for uncontested divorce should be prepared and submitted to the competent court. Here, in your petition, which has an important place among the documents required for divorce, you can refer to the “divorce protocol”, which includes the conditions of this reconciliation, by stating that the parties have agreed on all material and moral consequences of the divorce. In particular, it is possible to prepare a rich uncontested divorce petition by mentioning the existence of the divorce protocol and the demand for divorce by both parties. This document will contain many legal procedures. The decisive issues such as the name of the court where the lawsuit will be filed, the duration of the marriage, the wishes and demands of the parties are included in this document. In order to avoid a possible loss of rights, it is recommended to prepare an uncontested divorce petition by obtaining legal support from an expert.
b) Contested Divorce Petition
Contested divorce cases are the type of divorce cases that require the most strict follow-up among the divorce cases and cause loss of rights very often when not carried out correctly. In contested divorce cases, which are much more complex than uncontested divorces and require many legal procedures, the petition to be prepared before filing the case directly affects the duration and course of the case. For example, in a divorce case to be filed due to an intention to life, the judge quickly concludes the case process in order to prevent the victim of violence from being exposed to such behavior again. There is a burden of proof in contested divorce cases. Among the documents required for divorce, first of all, it is necessary to pay attention to the legal reason for divorce to be put forward in the petition to be submitted to the court in order to open the case.
What are the Documents to be Submitted to the Court in the Divorce Case?
Witness List in Divorce Case
Among the documents required for divorce, in contested divorces, the parties can show witnesses to prove the reason for the divorce they claim. Evidence in a divorce case is an obligation in terms of the conclusion of the case in divorce. At this point, whether it is the person who brought the case or the person who filed the counterclaim, he will need the statements of witnesses in order to provide the necessary proof. There are important points to know about the witness list in a divorce case. First, the judge is not dependent on the testimony of the witnesses. Secondly, it should be stated what events the people on the witness list witnessed. In order for the witness statements to have a value in the eyes of the judge, the witnesses should make consistent statements. If the witnesses give contradictory statements, the judge does not take these statements into account. There is no age limit for the witnesses to be specified in the witness list, which has an important place in the documents required for divorce.
Evidence List in Divorce Cases
Evidence to be used to prove the events leading to the divorce is presented to the court in the form of a list of evidence. The arguments to be put forward as evidence here must be obtained in accordance with the law. Otherwise, it is not possible to use the illegally obtained evidence in court, and criminal sanctions may be applied due to the way such arguments are obtained.
for divorce The list of evidence included in the required documents is necessary in contentious divorce cases, and there is no need for a list of evidence in uncontested divorce cases since both parties demand divorce. In contested divorce cases, the arguments to be put forward as evidence will also change depending on the legal divorce reason to be put forward. For example, in divorce cases to be filed due to violence against women or beatings, a report of assault from the hospital will be in the nature of evidence. Or, Message and Call Records to be obtained from GSM Operators in divorce cases due to cheating can be presented as proof of cheating. Evidence frequently used in divorce cases can be listed as doctor reports, photos and videos, social media posts, whatsapp conversations, e-mail contents, police station record, credit card statement, expert report.
