Are Facebook Messages Evidence in Divorce?

2022-02-04T12:30:39+00:00 15 February 2021|

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Today, many divorces occur due to social media activities. However, issues such as his wife’s cheating on him on social media or trying to cheat on him cause damage to the marriage and cause it to end. But if someone who has such messages is brought to court, will divorce be carried out?

This question is indeed asked by many. The fact that cases such as profanity or insults made to state elders on social media cause legal sanctions, reveals that correspondence on social media such as facebook can be accepted as evidence. However, the Criminal Chambers of the Supreme Court and the 2nd Civil Chamber, which examines the divorce decisions on appeal, have different opinions on this issue.

Will the Court Accept the Facebook Message as Evidence?

Regarding this issue, a decision of the 2. Civil Chamber of the Supreme Court is as follows;

“Data such as photographs, films, images or sound recordings in electronic media and similar information carriers can be taken as “evidence” if they are supported by other evidence. These data alone are not sufficient to prove the facts.” (Court of Appeals 2nd Civil Chamber E. 2013/19577 K. 2014/1926 T. 5.2.2014)

However, regarding the same decision, the Court of Cassation considered these evidences to be unlawful.

“The records of the interviews made over the social sharing site cannot be taken into account in the proof of the facts.” (HMK art. 189/2).”

This situation is also considered as “valid evidence” if the social media correspondence obtained by the Supreme Court is supported by other evidence.

“It is the distrustful behavior of the plaintiff-defendant husband with another woman that caused the separation of the parties. Even after the defendant-plaintiff woman left the house, the plaintiff-defendant husband continued to meet with the woman named Y., the internet/facebook print in the file, the messages that Y sent and evident from the witness statement. (Court of Appeals 2nd Civil Chamber E. 2012/8580 K. 2012/28405 T. 27.11.2012)

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