Divorce Case Petition Sample
TO THE HONOURABLE JUDGE OF SİLİVRİ FAMILY COURT
Plaintiff : A.B. (TC: )
Attorney : Atty.
Defendant : C.B. (TC: )
Subject :
This is the presentation of our petition for divorce, custody, alimony, material and moral compensation due to the shaking of the marriage union from its foundations due to the defective behaviours of the defendant.
Explanations :
Our client A.B. and the defendant C.B. got married in 2010. They have a joint child named D.B. from this marriage.
Since the beginning of the marriage, the defendant has been drinking alcohol every night and physically abusing our client. Most of the time, the defendant does this violence in front of the joint child. The assault report of our client from Silivri State Hospital and the statement samples given by our client at Silivri District Police Department are attached to our petition.
The defendant constantly humiliates, insults and makes fun of our client’s appearance when he is alone and in public. With such behaviour, our client is faced with verbal violence. These issues will be proved by witness statements during the trial.
Finally, our client learnt 1 month ago that the defendant was cheating on her with a woman named X. While the defendant did not meet any of the needs of the joint residence, he rented a house to a woman named X and met all his needs. It is important to note that the defendant has his own company and his monthly income is quite high. In order to prove the defendant’s relationship with another woman, we request the relevant GSM operator to subpoena the caller, dialled and message records of the defendant’s phone number for 1 year retrospective to the date of the lawsuit.
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Although the financial situation of the defendant is very good, he does not meet any of the needs of the joint child, our client and the joint residence. Our client quit her job in 2012 in order to take on the emotional care of the joint child and has not worked since then. Our client’s family pays for the shopping of the joint residence and the school needs of the joint child. The defendant does not fulfil any of the responsibilities of the marriage union.
As it can be seen from all these explanations, due to the defendant’s misconduct, there is no possibility for our client to continue the marriage. The marriage union has been shaken from its foundations and the common life has become unbearable for our client. For this reason, we request that the defendant and our client be divorced. Considering the fact that the defendant is not interested in the joint child, the care of the joint child is best fulfilled by our client and the best interests of the child, we request that the temporary and final custody of the joint child D.B. be given to our plaintiff client.
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We also request that a monthly precautionary alimony of 3.000,00 TL to be used for the care and benefit of the joint child be ruled, and that the said alimony be decided to continue as subsidiary alimony after the finalisation of the decision. Due to the full fault of the defendant, our client will fall into poverty due to the divorce, we request that an interim alimony of 3.000,00 TL per month be ruled, and that the said alimony be decided to continue as poverty alimony after the finalisation of the decision.
Due to the defendant’s misconduct, our client has been both materially and morally worn out and her pride of womanhood has been hurt many times. Du.e to the damages caused by the defendant to our client and the damage to the current and expected interests of our client, we request that 200.000,00 TL financial compensation and 200.000,00 TL non-pecuniary compensation be awarded.
Legal Grounds :
TMK, HMK etc. legislation.
Substantiation Evidence :
-Population records, title deed records, chamber of commerce records
-Social investigation report
-Sample of our client’s assault report from Silivri State Hospital and his statement given at the police station
-Subpoena from the relevant GSM operator of the defendant’s telephone number’s caller, called and message records for 1 year retrospective to the date of the lawsuit
-Witness statements, expert examination etc. all evidence.
Request and Conclusion :
As explained in detail above,
-Divorce of the parties,
-To give custody of the joint child to our client,
– To award 3.000,00 TL of precautionary alimony to be used for the care and benefit of the joint child, and to continue the said alimony as subsidiary alimony after the finalisation of the decision,
-Due to the fact that the defendant is fully at fault and our client will fall into poverty due to the divorce, a monthly precautionary alimony of 3.000,00 TL should be ruled, and the alimony in question should be continued as poverty alimony after the finalisation of the decision,
-To award 200.000,00 TL pecuniary compensation and 200.000,00 TL non-pecuniary compensation due to the compensation of the damages caused by the defendant to our client, and the damage to the existing and expected interests of our client,
-We respectfully request and demand that the defendant be ordered to pay the judicial expenses and attorney’s fee.
Plaintiff Attorney
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