Divorce Lawsuit, Evidence and Rights of Spouses in 25 Questions — Atty. Aylin Esra Eren

Adultery is a special ground for divorce in the Turkish Civil Code. However, the claim must be proven with lawful evidence and the forfeiture periods in the law must be observed. Every allegation of cheating does not produce the same legal result.

Digital correspondence can be evaluated as evidence provided that they were obtained lawfully and are related to the dispute. Accessing a spouse's phone without permission or obtaining correspondence through unlawful means carries serious legal risks.

The fact that one of the spouses does not want a divorce does not prevent the filing of the lawsuit. However, in a contested divorce lawsuit, statutory divorce grounds and claims must be proven.

Leaving the house does not constitute an abandonment ground in the legal sense in every case. The conditions, warning procedure, and periods in Article 164 of the Turkish Civil Code must be evaluated.

The right to maintenance is determined according to the fault status in the divorce and statutory conditions. The allegation of adultery alone does not automatically eliminate all maintenance claims.

Constant insult, humiliation, and psychological violence can be evaluated within the scope of the breakdown of the marital union from its roots. The continuity and evidence of the behaviors are important.

Images obtained unlawfully cannot be used as evidence as a rule. The method of obtaining the record, its purpose, and the characteristics of the concrete case must be examined.

The competent court is determined according to Article 168 of the Turkish Civil Code. The court of the residential place of either spouse or the place where they last lived together for six months before the lawsuit is competent.

The termination of the lawsuit due to waiver, withdrawal, or another reason produces different results. Since waiver can have consequences like a final judgment, the legal nature of the petition is important.

Transactions aiming to smuggle assets can come up in the liquidation of the property regime, actio Pauliana (annulment of disposition), or other legal lawsuits depending on the conditions of the concrete case. The date and nature of the transactions are important.

Photos can be evaluated together with other evidence in proving events. However, what the photo proves and whether it was obtained lawfully are important.

Forgiveness or showing tolerance can produce consequences in terms of the right to sue based on the ground of adultery. New events occurring afterwards can be evaluated separately.

The continuity of family interference and the other spouse's attitude towards these behaviors can be the subject of fault evaluation in a divorce lawsuit.

Social media content can be evaluated as evidence provided that it is obtained lawfully and is related to the dispute. Unauthorized access to private accounts is not a lawful method.

It is possible to file a counter-lawsuit within statutory conditions and periods. The connection of the counter-lawsuit with the initial lawsuit and procedural conditions must be taken into account.

Threats can constitute psychological violence and an attack on personal rights. Alongside the divorce lawsuit, applications can also be made within the scope of criminal law depending on the conditions of the concrete case.

Adultery is not regulated as a separate crime in the Turkish Penal Code. However, the marriage continues legally until the divorce decision is finalized. The effect of the new relationship on divorce and fault evaluation is examined according to the timing of the event, the asserted lawsuit grounds, and procedural rules. Different actions such as threats, violence, or violation of privacy can constitute separate crimes.

The nature of the gifts, to whom they were given, donation intent, and conditions for asking back are evaluated. Not every gift is automatically returned due to divorce.

Within the scope of Article 174 of the Turkish Civil Code, fault, damage, and statutory conditions are evaluated. The amount of compensation is determined by the judge according to the characteristics of each case.

One spouse kicking the other out unilaterally is not lawful in every case. A measure regarding the provisional use of the family residence can be requested from the court.

Relatives can also be witnesses as a rule. However, the reliability of the testimony, whether they know the events directly, and the harmony of their statements with other evidence are evaluated.

Although admission is an important legal fact, it is evaluated within the framework of procedural rules in the divorce lawsuit. The court examines the entirety of the file.

When statutory conditions are met, an interim injunction can be requested to protect assets. It is important for which property and which legal receivable the request is made.

The marriage does not come to an end legally before the divorce decision is finalized. The applicability of appeal and review processes is determined according to the nature of the decision.

While the marriage continues, demands regarding living separately and provisional maintenance can come up within the scope of Article 197 of the Turkish Civil Code. Concrete conditions must be evaluated.