What are the documents required for divorce?
In order to divorce, individuals must file a lawsuit in this case. It is not possible to end the marriage without filing for divorce. Divorce cases can be of different types depending on the reason for the divorce, whether the parties agree on the material and moral consequences of the divorce, and the conditions specified in the Civil Code. In any case, when preparing the necessary documents for divorce, the first document to be prepared is the divorce petition. Whether the parties are going to file for a consensual divorce or a contested divorce, they must prepare a divorce petition. The divorce petition will vary depending on the type of case to be filed. Now, we will briefly talk about the divorce petition, which has an important place among the documents required for divorce, and how the petition should be prepared according to the type of divorce case.
Divorce Petition
The divorce petition is the document that will form the skeleton of the case to be filed. While the reason for the marriage to be concluded is included in the divorce petition, many details such as the demands and requests of the person who will file the lawsuit from the other party, how the attitudes and behaviors that led to the divorce took place within the marriage, and the parties to the divorce are included in the divorce petition. While preparing the necessary documents for divorce, the divorce petition must be designed in accordance with the legal infrastructure. The type of divorce case you want to file will cause the petition to differ. So much so that the content of the petition to be submitted to the court will change depending on the consensual or contested divorce case.
a) Consensual Divorce Petition
In consensual divorces, if the conditions stipulated by the Law are met, a consensual divorce petition must 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 state that the parties have agreed on all the material and moral consequences of the divorce and refer to the “divorce protocol”, which includes the conditions of this agreement. In particular, it is possible to prepare a rich consensual divorce petition by mentioning the existence of a divorce protocol and that both parties request the divorce. This document will contain many legal procedures. Decisive issues such as the name of the court where the case 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 that a consensual divorce petition be prepared by obtaining legal support from an expert.
b) Contested Divorce Petition
Contested divorce cases are the type of divorce cases that require the most stringent follow-up among the divorce cases filed and often cause loss of rights when not carried out correctly. In contested divorce cases, which are much more complex than consensual divorces and require many legal procedures to be followed, the petition to be prepared before filing the case directly affects the duration and course of the case. For example, in a divorce case filed due to an attempt on life, the judge concludes the case process quickly in order to prevent the victim of violence against his/her life from being subjected to such behavior again. There is a burden of proof in contested divorce cases. Among the documents required for divorce, the first thing to pay attention to is the legal reason for divorce that will be put forward in the petition to be submitted to the court to open the case.
What are the documents to be submitted to the court in a divorce case?
Witness List in Divorce Case
Among the documents required for divorce, in contested divorces, the parties can present witnesses to prove the reason for the divorce they put forward. In a divorce case, proof is an obligation for the case to end in divorce. At this point, whether the person filing the lawsuit or the person filing a counterclaim will need witness statements to provide the necessary proof. There are important points to know about the witness list in a divorce case. First, the judge is not bound by the statements given by the witnesses. Secondly, it should be stated which events the people on the witness list witnessed. In order for the witness statements to have value in the eyes of the judge, the witnesses must make consistent statements. If witnesses give contradictory statements, the judge does not take these statements into consideration. There is no age limit for the witnesses to be included in the witness list, which has an important place among the documents required for divorce.
Evidence List in Divorce Cases
The evidence to be used to prove the events that led to the divorce is presented to the court in the form of a list of evidence. The arguments put forward as evidence here must be obtained in accordance with the law. Otherwise, it is not possible to use evidence obtained illegally in court, and criminal sanctions may be imposed due to the way such arguments were obtained.
The evidence list, which is among the documents required for divorce, is required in contested divorce cases, and in consensual divorce cases, the evidence list is not needed because both parties request the divorce. In contested divorce cases, the arguments to be put forward as evidence will also vary depending on the legal reason for divorce. For example, in divorce cases filed due to violence or beating against women, the assault report obtained from the hospital will serve as evidence. Or, in divorce cases due to infidelity, Message and Call Records obtained from GSM Operators can be presented as proof of infidelity. Evidence frequently used in divorce cases can be listed as doctor’s reports, photos and videos, social media posts, WhatsApp conversations, e-mail contents, police station records, credit card statements, and expert reports.