… TO THE FAMILY COURT JUDGE;
Plaintiff:
TURKISH ID NUMBER:
ADDRESS:
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS:
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS:
SUBJECT: This is our petition containing our claims for divorce and alimony due to mental illness.
EXPLANATIONS:
1-) Our client married the defendant on …/…/…. As can be seen from the family registration record attached to this petition (Exhibit 1), the couple has two children from this marriage named … and …. One child is … years old, and the other is … years old; both are minors.
2-) Some time after the couple’s marriage, certain changes occurred in the defendant’s spouse’s behavior and attitude. To such an extent that the defendant’s spouse began to exhibit increasingly erratic behavior, experience serious difficulties in making decisions on any matter, and feel and experience things that had not actually happened as if they had. Meanwhile, the defendant’s spouse also developed severe forgetfulness that had never been observed before.
3-)
As a result of these developments, following our client’s initiative, the defendant’s spouse underwent a comprehensive medical evaluation and was diagnosed with … As can be clearly seen from the report prepared by the Chief Physician of the Hospital for Mental Health and Neurological Disorders (Exhibit 2), this condition is medically incurable but can be kept under control to a certain extent. The report in question explicitly states that the defendant’s spouse must be kept under observation for a certain period.
4-) Due to this situation, the couple’s shared life has become increasingly unbearable. The defendant’s spouse’s adverse condition sometimes even poses a serious danger to their young children. This last point will be clarified, if your court deems it appropriate, by the testimonies of our witnesses, whose names and addresses are listed in the witness list (Exhibit 3). Furthermore, both children are still young and require their mother’s care and attention. For this reason, we request that the children remain with our client during the proceedings and that custody be granted to our client should the court grant the couple’s divorce.
5-) Our client is a homemaker and has no income. She currently lives with her children at her parents’ home. Since her parents’ financial situation is not good, she is unable to receive sufficient support from them. Both children are still young and require their mother’s care and attention. For this reason, we are requesting a total of … T L in child support for the duration of the proceedings; this amount consists of … TL for our client and … TL for each child, and we request that the children remain with our client throughout the proceedings.
6-) For the reasons outlined above, it has become necessary to file this lawsuit.
LEGAL GROUNDS:
Turkish Civil Code No. 4721, Articles 165, 168, 169, 175, 182; Turkish Family Code No. 4787, Article 4; Turkish Code of Civil Procedure No. 6100, Articles 240, 266.
LEGAL EVIDENCE: Copy of family registry record, photocopy of ID card, report dated …/…/…, witness statements, expert opinion.
CONCLUSION AND REQUEST: For the reasons explained above, we request that the court grant the parties’ divorce; that the minor children remain with our client during the proceedings; that, in the event of divorce, custody of the children be awarded to our client; and that the court order the payment of alimony totaling … TL per month, consisting of … TL per month for our client and … T L per month for each of the minor children. On behalf of our client, we further request that this alimony continue as maintenance and contribution alimony after the divorce, and that the litigation costs and attorney’s fees be borne by the defendant. …/…/…
ATTACHMENT 1. Copy of the family registry record and ID card,
Report No. … from … Hospital dated …/…/…,
Names and addresses of witnesses and the matters on which they will testify,
list of witnesses,
A copy of a notarized power of attorney containing special authorization.