Divorce Case Due to Visual Violence | TMK 166 Divorce Case Due to Visual Violence

Divorce cases due to visual abuse have been coming to the agenda more frequently in recent years. As social media usage increases, the digital pressure between spouses also grows. Some spouses post humiliating images, while others send intimidating videos. Some spouses exert psychological pressure via social media. These behaviors seriously damage the marital union.

Under Turkish law, spouses are required to show respect for each other. They must also comply with the duty of fidelity. However, some spouses violate this obligation, particularly by exhibiting humiliating or intimidating behavior in the digital environment. For this reason, the victimized spouse can file for divorce due to visual abuse.

So, does visual abuse constitute grounds for divorce? Which behaviors does the court take into account? What evidence do spouses use? We explain all the details in this guide.

What is Visual Abuse?

Visual abuse occurs when one spouse uses images, videos, or social media content to exert pressure on the other. The intention is often to intimidate, humiliate, or create psychological pressure.

For example, a spouse might:

• Post humiliating images,
• Send videos containing insults,
• Use images intended for threats,
• Publish content on social media targeting their spouse,
• Damage their spouse by making inappropriate posts with other people.

These behaviors erode the marital union. Furthermore, the judge accepts these behaviors as faulty actions.

Does Visual Abuse Constitute Grounds for Divorce Under Article 166 of the Turkish Civil Code (TMK)?

Article 166 of the Turkish Civil Code regulates divorce on the grounds of the irretrievable breakdown of the marriage union.

The law establishes a clear rule. If spouses are unable to continue their common life, either party may file for divorce.

Some spouses constantly exert psychological pressure. Some humiliate their spouse via social media, while others send threatening images. These behaviors make the common life unbearable. Consequently, the judge may rule for a divorce.

Spousal Duty of Fidelity and Visual Abuse

Article 185 of the Turkish Civil Code imposes significant responsibilities on spouses. Spouses live together, remain faithful to each other, and support one another.

However, some spouses engage in behaviors that shake trust via social media. For instance, they may post inappropriate photos. Some humiliate their spouse in public, while others even send threatening videos.

These behaviors violate the duty of fidelity and also damage the marital union. Therefore, the court often holds the at-fault spouse responsible.

How is Visual Abuse Proven in a Divorce Case?

Allegations alone are not sufficient in a divorce case. The plaintiff spouse must support their claims with strong evidence. Therefore, the evidence-gathering process is of great importance.

Spouses generally use the following evidence:

WhatsApp and Message Records

Messages containing insults, threats, or psychological pressure play an important role. Repeated messages, in particular, strengthen the case.

Social Media Posts

Posts on Instagram, TikTok, Facebook, or X are effective in court. Humiliating content, in particular, demonstrates the fault.

Videos and Photos

Some images clearly show psychological pressure. Therefore, parties submit videos and photos to the file.

Witness Testimony

People in their close circle can recount the events that occurred. Specifically, individuals who have witnessed the arguments support the case.

What Do Court of Cassation (Yargıtay) Decisions Say About Visual Abuse?

The Court of Cassation now examines digital behaviors more carefully.

For example, the 2nd Civil Chamber of the Court of Cassation found a spouse who made inappropriate posts on social media to be at fault, as this behavior damaged the marital union.

In other decisions, the Court of Cassation held a spouse who exerted economic pressure to be at fault. Spouses who avoided common living expenses were found to be heavily at fault.

These decisions demonstrate an important result: digital pressure and social media behavior now have a powerful impact on divorce cases.

Can Compensation Be Obtained in a Divorce Case Due to Visual Abuse?

Yes. In some cases, the victimized spouse can claim compensation.

Specifically, if there is an attack on personal rights, the spouse may request non-pecuniary damages. Additionally, if pecuniary loss has occurred, they may request pecuniary damages as well. The court also makes decisions regarding alimony and custody.

Therefore, it is necessary to examine the details of each case carefully.

Why is Legal Support Important in a Divorce Case Due to Visual Abuse?

Making mistakes in a divorce case causes serious loss of rights. The evidence process is of great importance, as incorrect methods weaken the case.

For this reason, parties must properly add screenshots, message records, and social media content to the file. Furthermore, they must strongly articulate the state of fault.

Working with an experienced Istanbul divorce lawyer, especially in complex cases, strengthens the process.

Frequently Asked Questions

Does visual abuse constitute grounds for divorce?

Yes. Behaviors that constantly exert psychological pressure and erode the marital union constitute grounds for divorce.

Can social media posts be used as evidence in a divorce case?

Yes. Spouses use humiliating or trust-shaking posts as evidence.

Are WhatsApp messages useful in a divorce case?

Yes. Messages containing threats, insults, or pressure, in particular, strengthen the case.

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