What are the Necessary Documents for Divorce?
In order to get a divorce, individuals have to file a lawsuit in this case. It is out of the question to terminate the marriage without filing for divorce. 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 have agreed 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 when preparing the necessary documents for divorce is a divorce petition. The parties must prepare a divorce petition, whether they will file for an agreed divorce or file for a contentious divorce. The divorce petition will vary depending on the type of case to be filed. Now we will touch on how the petition should be prepared according to the type of divorce petition and divorce case, which roughly occupy an important place in the documents required for divorce.
Divorce Petition
It is the document that will form the skeleton of the case that will be filed for divorce. Situated in a marriage because of the petition for divorce to be finalized, while the demands and requests of the person who prosecutes the case from the opposite side, the attitudes and behaviors that lead to divorce the marriage of the parties to a divorce that took place in as many details is located 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 that is requested to be filed will cause the petition to differ here. So much so that the content of the petition that will be submitted to the court during the process, depending on the negotiated divorce or contentious divorce case, will change.
a) An Agreed Divorce Petition
In the event that the conditions stipulated by the Law are met in negotiated divorces, an agreed divorce petition must be prepared and submitted to the competent court. Here you can refer to the “divorce protocol”, which contains the conditions of this settlement, by stating that the parties have agreed on all the material and moral consequences of the divorce in your petition, which has an important place in the documents required for a divorce. In particular, it is possible to draw up a divorce petition with a rich agreement, mentioning the existence of a divorce protocol and the fact that both parties are requesting a divorce. This document will contain many procedures from a legal point of view. The 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 to prepare an agreed divorce petition with absolute legal support from a specialist.
b) Contentious Divorce Petition
Contentious divorce proceedings are the type of divorce proceedings that require the strictest follow-up among the filed divorce proceedings and very often lead to loss of rights if they are not conducted Decisively. In contentious divorce cases, which are much more complicated than negotiated divorces and require many legal procedures to be followed, the petition to be prepared before opening the case directly affects the duration and course of the case. For example, in a divorce case that will be filed due to caste in life, the judge will quickly conclude the lawsuit process so that the person who is the victim of violence meant for his life will not be exposed to this kind of behavior again. There is an obligation to prove in contentious divorce cases. It is necessary to pay attention to the reason for the legal divorce, which will be put forward in the petition that will be submitted to the court for the opening of the case first of all in the documents necessary for the divorce.
What Are the Documents That Will Be Submitted to the Court in the Divorce Case?
List of Witnesses in the Divorce Case
Within the documents required for divorce, in contentious divorces, the parties can show witnesses to prove the reason for the divorce they have put forward. Proof in a divorce case is an obligation in terms of how the case ends in divorce. At this point, whether it is the person who filed the lawsuit or the person who filed the counterclaim, he will need witness statements to be able to make the necessary proof. There are important points to know about the witness list in a divorce case. Firstly, the judge does not depend on the testimony given by the witnesses. Secondly, it should be indicated which events the persons included in the witness list have witnessed, and in order for the witness statements to express a value in the eyes of the judge, the witnesses must make consistent statements. If the witnesses give contradictory statements, the judge does not take these statements into account. There is no age limit for witnesses to be mentioned in the witness list, which has an important place in the documents required for divorce.
List of Evidence in Divorce Cases
The evidence that will be used to prove the events that brought 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 have been obtained in accordance with the law. Otherwise, it is not possible to use evidence obtained in a manner that is not in accordance with the law in court, as well as criminal sanctions may be applied due to the way in which such arguments are obtained.
A list of evidence in the divorce documents, is required in contentious divorce cases, and negotiated by both parties in a divorce a divorce is no need to list due to demand evidence. In contentious divorce cases, the arguments that will be put forward as evidence will also vary depending on the legal reason for the divorce that will be put forward. For example, in divorce cases that will be filed due to violence against women or beatings, the mint report that will be taken from the hospital will be evidence. Or, in cases of divorce due to infidelity, Messages and Call Records to be received from GSM Operators may be presented as proof of Decency. Frequently used evidence in divorce cases can be sorted as doctor’s reports, photos and videos, social media shares, whatsapp conversations, mail content, police station registration, credit card statement, expert report.
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