Paylaş: Divorce Due to Adultery: Conditions, Evidence, and Legal Process
Legal Basis for Divorce Due to Adultery
Adultery is defined as a special reason for divorce under Article 161 of the Turkish Civil Code. If one spouse cheats on the other, it is considered an absolute ground for divorce. Once proven, the court can grant the divorce directly.
Burden of Proof and Evidence in Adultery Cases
The burden of proof in adultery cases lies with the spouse who claims to have been cheated on. Various types of evidence can be presented in these cases, including:
- Witness testimony: Statements from individuals who have seen or heard about the adultery.
- Photos or videos: Visual proof documenting the affair.
- Phone or message records: Communication evidence supporting the adultery claim.
- Sexually transmitted disease reports: The presence of such diseases can serve as proof of adultery.
Time Limits and Forgiveness in Adultery Cases
The divorce case must be filed within 6 months from the date the cheated spouse learns of the adultery, or within 5 years from the date the adultery occurred. These time limits are definitive and must be considered by the judge. If forgiveness has been granted, the right to file for divorce due to adultery is lost.
Custody and Alimony in Adultery Cases
In cases of divorce due to adultery, issues of custody and alimony are assessed with the child’s best interest in mind. Adultery by one spouse does not automatically disqualify them from custody rights. The court prioritizes the child’s safety and welfare in such cases.
Adultery and Breakdown of Marriage
The spouse filing for divorce due to adultery can also claim a breakdown of the marriage's foundation as an additional ground for divorce. The court will consider both reasons when making its decision.
