What is Cheating?
According to the Turkish Civil Code (TMK Article 161), “While the marriage continues, one of the spouses having sexual intercourse with a third person without their consent is considered adultery.” This shows that cheating is not limited to sexual intercourse, but also includes one partner establishing emotional intimacy with a third person without their consent.
Conditions for Filing a Divorce Case Due to Cheating:
The marital union must be ongoing: If one of the spouses is deceased or divorced, a divorce case cannot be filed due to infidelity.
Proving deception: The fact that deception occurred must be proven with evidence. These evidences; It may contain various elements such as witness statements, messaging, photographs, videos, hotel records.
Time to file a lawsuit: The cheated spouse’s right to file a lawsuit is lost as long as 6 months have passed since he learned about the cheating, and in any case, 5 years have passed since the act of adultery.
Forgiveness: If the cheated spouse has forgiven the cheating and consented to continue the marital union, he cannot file for divorce.
Evidence in the Cheating Case:
The most important element in a cheating case is evidence. The party filing the lawsuit must present various evidence to prove that deception occurred. This evidence may include:
Witness statements: The statements of people who witnessed the deception can constitute important evidence for the party filing a lawsuit.
Messaging: Spouses’ messaging with a third party is considered written evidence of infidelity.
Photos and videos: Photos and videos of infidelity are also strong evidence.
Hotel records: Records of the spouses staying at the hotel with the third party can also be used in favor of the party filing the lawsuit.
Social media records: Spouses’ social media posts and interactions with third parties can also be presented as evidence.
Litigation Process:
A divorce case due to infidelity is filed in the Family Court. The party filing the lawsuit presents its evidence to the court and has its witnesses heard. The defendant party can also make his defense and present evidence. The court decides after evaluating all the evidence. If the court decides that cheating has occurred, it decides on divorce. If a divorce is decided, issues such as alimony, compensation, custody and property division are also decided.
Legal Aid:
If you are considering filing for divorce due to infidelity, it is important to consult an attorney. An attorney can help you manage the legal process of your case, collect your evidence, and protect your rights.