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Proof Process in Divorce Cases in Turkish Law

Proof Process in Divorce Cases


Divorce cases are significant processes in the Turkish legal system that affect not only the parties but also society. The proof mechanism required for the court to accept the grounds for divorce can directly affect the outcome of the case. Proof is a cornerstone of legal processes and holds particular importance in divorce cases.

Burden of Proof in Divorce Cases

The burden of proof in divorce cases typically lies with the party initiating the case. One party must prove the reasons for wanting a divorce. This can be provided through various documents, witness statements, and other evidence. However, each reason for divorce may require different types of proof.

Types of Proof

The types of proof used in divorce cases include written evidence, witness statements, expert reports, and physical evidence. Courts evaluate the weight of each piece of evidence based on how it is presented.

Presumptions and Proof

Legal presumptions can sometimes lighten the burden of proof. For instance, spouses living separately for a year can be presumed to have a marriage fundamentally shaken. Such presumptions can ease the process for the party initiating the case.

Challenges of Proof

Proof in divorce cases can be challenging, especially when it comes to personal relationships and private lives. For example, allegations of adultery or abuse often occur without witnesses. These situations make direct evidence hard to obtain and necessitate indirect evidence.

The Court’s Role and Evaluation of Proof

The court, while evaluating the evidence presented, considers not only the sufficiency but also the manner and legality of its presentation. Each piece of proof is examined and assessed individually to ensure a fair trial process.

Right to Proof and Its Limits in Divorce Cases

The right to proof in divorce proceedings allows parties to present evidence to support their claims and use it in court. However, this right may face limitations. For example, presenting evidence that interferes with personal privacy could violate constitutional rights and freedoms. Therefore, courts must balance the evidence collection process carefully.

Practical Challenges of Proof

The proof process in divorce cases can become more complex, especially when personal and emotional issues are involved. Distrust and emotional burdens between parties can complicate the collection and evaluation of objective evidence, posing difficulties for the court and prolonging the process.

Indirect Evidence and Its Importance

Sometimes, direct evidence may not be obtainable. In such cases, courts may resort to indirect evidence. For instance, in adultery allegations, obtaining direct evidence is nearly impossible; thus, courts shape their decisions based on the parties’ behaviors and various signs. Indirect evidence is a commonly used and significant method of proof in divorce cases.

You can read our detailed article on Divorce Due to Adultery

The Court’s Conscience

In divorce cases, the conscience formed by the court at the end of the legal process forms the basis of the decision. After evaluating all the evidence presented, the court reaches a conclusion from the totality of the evidence. This process involves combining subjective judgments with objective legal norms.

Divorce Cases and Burden of Proof in the Turkish Civil Code

The Turkish Civil Code (TCC) specifically regulates the burden of proof and processes in divorce cases. The grounds for divorce and how they should be proven before the court are defined through the relevant articles of the TCC. For example, Article 184 of the TCC states that the use of oath evidence in divorce cases is not allowed, and the parties’ confessions do not bind the court. These regulations reflect the special and sensitive nature of divorce cases and protect the right to a fair trial.

Proof Strategies and Legal Tactics in Courts

Proof strategies in divorce cases typically involve gathering evidence to support the plaintiff’s claims and presenting this evidence acceptably in court. Lawyers develop various legal tactics to protect and strengthen their clients’ rights. These tactics include the strategic use of witness statements, benefiting from expert reports, and presenting evidence to refute the opposing party’s claims.

Ethical Aspect of Proof

Adhering to ethical rules during the proof process in divorce cases is of great importance. Parties and their lawyers are expected to strictly adhere to the principles of honesty and transparency in the evidence collection and presentation processes. Unethical behaviors not only affect legal outcomes but also have negative impacts on the social and psychological conditions of the parties.

Challenges and Solution Suggestions in Divorce Cases

Divorce cases often involve intense emotional tensions between parties. These tensions can further complicate the proof process. Courts and lawyers must show great sensitivity and professionalism in managing such situations. As a solution, it is suggested that parties receive psychological support, establish civil and constructive communication, and especially consider the condition of children.

Frequently Asked Questions

How are baseless claims handled in divorce cases?

The burden of proof for baseless accusations in divorce cases lies with the party making the allegations. Unproven claims are disregarded by the court and, if necessary, sanctions can be applied against the claimant.

What are prohibited pieces of evidence in divorce cases?

In divorce cases, evidence obtained unlawfully is considered prohibited and is not considered by the court. Such evidence may have been obtained through unjust intervention in a person’s private life and personal rights.

Some examples of prohibited evidence:

Illegal eavesdropping: Audio and video recordings obtained by listening to your spouse’s phone or recording their environment without their consent.

Hacking: Emails, messages, or other files obtained by unauthorized access to your spouse’s computer or account.

Coercion or threat: Statements obtained by forcing or threatening your spouse or witnesses.

Unlawful camera footage: Footage obtained from cameras placed in your home or private areas without your spouse’s consent.

Illegal surveillance and monitoring: Information obtained by following or monitoring your spouse.

Theft: Documents or other items obtained without permission from your spouse’s home or office.

In addition to prohibited evidence, evidence may also be inadmissible in the following situations:

The evidence is fake or tampered with.

The evidence is out of context or irrelevant to the case.

The evidence was obtained for an unlawful purpose.

What are the Supreme Court’s rulings regarding the burden of proof in divorce cases?

The Supreme Court states the necessity of proving the alleged incidents in divorce cases and identifies who carries the burden of proof. For example, in cases of abandonment, adultery, or violence, the burden of proof lies with the party making the allegations.

When is evidence presented in a divorce case?

Evidence is presented during the divorce case process at times determined by the court. Generally, relevant documents and evidence are submitted to the court during the filing stage or before the hearing.

What is the Supreme Court’s ruling on unlawfully obtained evidence in divorce cases?

The Supreme Court states that unlawfully obtained evidence cannot be used in divorce cases. Such evidence is not considered valid in the case and is disregarded.

How is privacy reconciled with evidence in a divorce case?

While the collection and use of evidence play an important role in divorce cases, the right to privacy must not be violated during the collection of this evidence. Balancing these two rights can be challenging.

The Right to Privacy:

It is a right protected by Article 20 of the Constitution and the Law on the Protection of Personal Data No. 6698.

This right requires respect for individuals’ private areas, communications, and personal information.

Spouses must respect each other’s privacy and not listen to each other’s phones, read each other’s messages, or enter each other’s private areas without permission.

Things to Consider for Balancing:

Legal Methods: Always use lawful methods when collecting and using evidence.

Proportionality: The collection and use of evidence should be proportional to the necessity of clarifying the case.

Minimizing Harm Principle: During the collection and use of evidence, act in a way that causes the least harm to privacy.

How are claims proven in a divorce case?

Claims in a divorce case are typically proven using written documents, witness statements, expert reports, and physical evidence. The methods of proof can vary depending on the nature of the evidence and the specifics of the case.

What evidence can be used in a contested divorce?

The types of admissible evidence in a contested divorce are quite broad and it is important to remember that each case is unique.

Commonly Accepted Evidence:

Witness Statements:

Statements from family members, friends, or neighbors who can testify to the events leading to the divorce.

Witness statements can be presented orally or in writing and can be notarized.

Official Documents:

Marriage certificate, ID card, residency document, payroll, bank account statements, and other official documents.

These documents can provide important information and evidence related to the case.

Social Media Records:

Your spouse’s social media posts, messages, or other online activities.

Social media records can provide information about your spouse’s behaviors, attitudes, and intentions.

Other Evidence:

Photos and videos: Photos and videos showing the events leading to the divorce or your spouse’s behaviors.

Audio recordings: Audio recordings of your conversations with your spouse (provided legal limitations are followed).

Emails and messages: Email and message history with your spouse.

Physical evidence: Physical evidence showing your spouse’s acts of infidelity or violence (e.g., medical reports, hotel bills).

What is done with evidence that emerges later in a divorce case?

Evidence that emerges later can be added to the case file and included in the evaluation process at the court’s discretion. However, the impact of this evidence on the case outcome depends on the court’s assessment.


In divorce cases, the timely and appropriate presentation of evidence, the proof of claims, and the fair evaluation of subsequently emerging evidence play a decisive role in the court’s final decision. Contested divorce cases require the judge’s careful assessment and meticulous management of the evidence presentation process. Judges consider not only the evidence but also the parties’ attitudes during hearings and the reliability of witnesses.

For more information or consultation on this matter, please contact us.

Proof Process in Divorce Cases in Turkish Law

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