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Sample Divorce Petition

August 25, 2026
0

TO THE DUTY FAMILY COURT

LEGAL AID IS REQUESTED

FILE NO: 2023-3698

PLAINTIFF: Zehra BAŞER (TC: 34656778756)

– Mernis

REPRESENTATIVE: Selin KAYA – UETS

DEFENDANT: Adnan YEŞİL (TC: 65789697806)

– Mernis

REPRESENTATIVE: Zerrin PERVANE – UETS

SUBJECT OF THE CASE: The lawsuit seeks the termination of the marriage, which has been fundamentally shaken by the defendant's culpable conduct and is no longer sustainable for either party, through divorce pursuant to Article 166/1 of the Turkish Civil Code, and also requests the acceptance of our ancillary claims.

EXPLANATIONS

  1. My client and the defendant were married on [date of marriage] and have a child named [child's name and date of birth] . Although the marriage initially proceeded normally, the defendant's increasingly culpable attitude and behavior over time made the marriage unbearable.
  2. The defendant [insult, threat, physical violence, economic violence, indifference, breach of the duty of fidelity, abandonment of the common residence, etc., specific incidents should be listed here] . These actions became continuous and severely damaged the client's personal rights, peace of mind, and sense of security.
  3. Specifically , the event must be described clearly, chronologically, and concretely, in the context of [date or period] . [Names of witnesses] directly witnessed the event ; furthermore, there is [message, audio recording, photograph, medical report, police report, or investigation file] related to the event .
  4. My client has acted in good faith for a long time with the aim of preserving the marriage and resolving the problems between the parties; she attempted to communicate with the defendant and protect the family unit. However, the defendant continued her culpable behavior and acted contrary to the obligations of mutual love, respect, fidelity, solidarity, and support required by the marital union.
  5. The defendant's actions were not merely an isolated argument. Considering the nature, severity, and continuity of the behavior, the relationship of trust and respect between the parties has been destroyed. It is no longer possible for the parties to continue their marriage, nor can it be expected that the client would continue in such a marriage.
  6. The parties have been effectively separated since [date of separation] . During this period, there has been no progress toward re-establishing the marital union; on the contrary, it has become definitively clear that it is impossible for the parties to continue living together
  7. Due to the defendant's culpable conduct as described above, the marital union has been fundamentally shaken. Since the re-establishment of common life is not possible, a divorce must be granted to the parties in accordance with Article 166/1 of the Turkish Civil Code No. 4721.
  8. [If there is a joint child:] The joint child, [name], currently lives with the client. The client provides for the child's daily care, education, health expenses, and other needs. Considering the child's age, current living arrangement, the emotional bond with the client, and the best interests of the child, custody should be granted to the client. It is requested that the personal relationship to be established between the defendant and the child be determined in a way that does not disrupt the child's education and living arrangement.
  9. [If alimony is requested:] A suitable amount of interim alimony should be awarded to ensure that the client and the joint child can meet their housing, food, education, health, and other essential needs during the trial. After the divorce decree becomes final, a request is made for alimony for the client and child support for the joint child.
  10. [If compensation is to be claimed:] The client is blameless or less at fault than the defendant in the events leading to the divorce. The defendant's culpable conduct has harmed the client's current and expected interests and constitutes a serious attack on their personal rights. Therefore, pursuant to Article 174 of the Turkish Civil Code, it is necessary to award the client an appropriate amount of material and moral compensation.
  11. For the reasons explained above, it has become necessary to file this lawsuit in order to obtain a divorce decree for the parties; [please specify any requests regarding custody, personal relationship, alimony, material and moral damages, and interim measures, if any] .
  12. OUR REQUEST FOR LEGAL AID

My client does not have a regular and sufficient income, and their current economic situation is only sufficient to cover the essential living expenses of themselves and any child they may have. If my client were to pay the court fees and expenses, their livelihood and that of their family would be significantly hampered.

The client's economic situation will be ascertained from the social and economic status investigation, social security records, bank accounts, property and vehicle records, and other documents submitted to the file. The lawsuit filed is clearly not unfounded, and the marriage has been fundamentally shaken due to the defendant's culpable conduct.

Therefore, in accordance with the right to seek justice guaranteed by Article 36 of the Constitution and Articles 334 and subsequent articles of the Code of Civil Procedure No. 6100, the client should be granted legal aid; temporarily exempted from court fees and expenses; and the necessary actions should be taken

LEGAL GROUNDS: Articles 166/1, 169, 174, 175, 182 and 185 of the Turkish Civil Code No. 4721; Law No. 4787 on the Establishment, Duties and Procedural Rules of Family Courts; Articles 24, 25, 31, 33, 119, 190, 240 and other relevant articles of the Code of Civil Procedure No. 6100, and other relevant legislation.

EVIDENCE:

  1. Population family registration table and detailed population registration records
  2. Marriage records,
  3. Social and economic status surveys of the parties,
  4. Witness statements (witness names and addresses will be provided separately.)
  5. WhatsApp, SMS and other messaging logs and screenshots,
  6. Telephone call and communication records, HTS records if necessary,
  7. Social media posts, correspondence, and account records,
  8. Photographs, videos and audio recordings (provided they have been obtained legally),
  9. Law enforcement reports, records of reports and complaints,
  10. Public prosecutor's office investigation files and criminal case files,
  11. Healthcare records, examination documents, prescriptions, and forensic reports,
  12. Files related to protective and preventive measures decisions issued under Law No. 6284,
  13. Bank account statements, credit card records, and other financial records,
  14. Social Security records, payrolls, and employment records
  15. Land registry, vehicle and commercial registry records, and asset investigation of the parties,
  16. If there are children involved, school, health and guidance service records,
  17. A social investigation report to be prepared by a pedagogue, psychologist, or social research expert
  18. Expert examination, investigation and interrogation,
  19. Evidence of an oath,
  20. All legal evidence, while reserving the right to present counter-evidence to any evidence presented by the opposing party.

 

CONCLUSION AND REQUEST

For the reasons stated and explained above;

  1. The case is ACCEPTED.
  2. The parties are hereby DIVORCED in accordance with Article 166/1 of the Turkish Civil Code .
  3. The custody of the joint child [name and date of birth] is granted to the client
  4. An appropriate personal relationship should be established between the joint child and the defendant, taking into account the best interests of the child
  5. From the date of the lawsuit, a monthly interim alimony payment of [amount] TL shall be made for the benefit of the joint child , and after the divorce decree becomes final, the same amount shall continue as child support
  6. From the date of the lawsuit, a monthly interim alimony of [amount] TL shall be paid in favor of the client , and after the divorce decree becomes final, the same amount shall continue as spousal support
  7. Alimony payments should be increased annually in line with the Consumer Price Index (CPI) based on the twelve-month averages announced by the Turkish Statistical Institute (TÜİK)
  8. Due to the defendant's culpable conduct, the court of [amount] TL in material damages and [amount] TL in moral damages client, and that legal interest be applied to these amounts from the date the divorce decree becomes final.
  9. In accordance with Article 169 of the Turkish Civil Code, the necessary temporary measures regarding the accommodation, sustenance, protection, and management of the property of the client and the joint child shall be taken ex officio during the trial
  10. The court costs and attorney's fees shall be borne by the defendant

We respectfully request and demand, on behalf of our client, that a decision be made. [Date]

Plaintiff's Attorney
Selin KAYA

It is electronically signed

(This petition is based on hypothetical events.)

 

 

 

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