What is a Divorce Petition?

Like any other civil petition, a divorce petition is subject to the formal requirements set out in Article 119 of the Code of Civil Procedure (HMK). Under this article, the petition must state the name of the court, the identifying and address information of the parties, the details of any legal representative or attorney, the subject matter of the case, a clear numbered summary of the facts the plaintiff relies on, the evidence by which those facts will be proven, the legal grounds relied upon, and the relief requested.

Under Article 119/2 of the HMK, if some of these elements are missing, the case is not dismissed outright; the judge grants a firm one-week period to cure the deficiency. If the deficiency is not remedied within that period, the case is deemed not to have been filed. For this reason, preparing the petition completely and consistently from the outset matters for keeping the process moving without delay.

Where the spouses have reached agreement on the divorce itself and its consequences, the petition is prepared under Article 166/3 of the Civil Code (TMK). Under this provision, an uncontested divorce requires that the marriage have lasted at least one year, and that the spouses either apply jointly or that one spouse's petition be accepted by the other.

Unlike a contested petition, an uncontested petition does not set out allegations of fault or a detailed list of evidence; instead, it records the parties' agreement on the financial consequences of the divorce — such as alimony, compensation, and property division — and, where relevant, on custody and personal contact arrangements for any children. A divorce protocol signed by both spouses must also be submitted together with the petition; if the judge personally hears both spouses at the hearing and is satisfied their consent was freely given, the protocol is approved.

Where the spouses cannot agree on the divorce or its consequences, the petition is prepared under the contested procedure. In this case, the plaintiff must clearly set out, under numbered headings as required by Article 119 of the HMK, the ground for divorce relied upon (whether one of the specific grounds under Articles 161-166 of the Civil Code, or the general ground) and the facts supporting it.

A contested petition must also specify which evidence will be used to prove which claim; a witness list, correspondence, photographs, or bank records are typically listed in the petition and submitted to the case file. In the relief section, the petition should clearly state not only the divorce itself but also any requests for alimony, custody, material or moral compensation, and property division, since the court generally cannot rule on a matter that was not requested.

Depending on the type of proceeding, the following documents are generally requested alongside the petition:

• A copy of the identity document and a current civil registry record
• A copy of the marriage certificate
• In an uncontested proceeding, the divorce protocol signed by both parties
• Civil registry information for any children of the marriage
• Income or asset documentation supporting an alimony or compensation claim
• In a contested proceeding, samples of the evidence supporting the alleged ground

Depending on how the case develops, the court may request additional documents or information; leaving something out at the outset can therefore cause delay later in the proceedings.

Filing a divorce case requires payment of a filing fee, an advance fee, and an expense advance at the time the petition is submitted. Depending on the amount claimed for alimony, compensation, or a property-division receivable, a proportional fee calculation may also apply. Because fee schedules are updated annually, the current amounts in force at the time of filing should be confirmed.

In an uncontested divorce, attorney's fees and court costs can be shaped by the parties' own arrangement, while in a contested proceeding the court decides how litigation costs are allocated between the parties based on the outcome of the case. These figures vary by the specific file, so it is useful to obtain information about them before filing.

The court with subject-matter jurisdiction over divorce cases is the family court; in places without a family court, the civil court of first instance hears the case acting as a family court. Venue is determined under Article 168 of the Civil Code as either the place of residence of either spouse or the place where the spouses last resided together for the six months preceding the filing.

Submitting the petition to the correct court, with the correct content, is decisive for the case proceeding smoothly. For more comprehensive information on preparing a petition and the case process, you can review our İzmir divorce lawyer page. Support in family law matters is provided in Karabağlar, as well as Konak, Buca, and Balçova.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy