Elements to be Proven in a Justified Divorce Case
Divorce cases are the process of ending the marriage union of couples and usually include various legal elements. Especially in justified divorce cases, certain elements must be proven in order for the case to be concluded successfully. In this article, we will examine in detail the elements to be proven in a justified divorce case and provide information about the legal dimensions of the case.
What is Justified Divorce?
Justified divorce is a reason for divorce applied in cases where one of the spouses is unable to continue the marriage union or in cases of a serious violation of rights against the other spouse. The Turkish Civil Code requires that these reasons be proven objectively when determining the justified divorce reasons.
The Foundation of the Marriage Union is Shaken
When requesting a justified divorce, it is important to prove that the foundation of the marriage union is shaken. The elements to be proven in this situation are as follows:
Personal Behaviors and Actions: The attitudes of the spouses towards each other, disrespectful behaviors, constant conflicts and restlessness are evaluated within this scope. Documentation of such behaviors can support a justified divorce claim.
Domestic Problems: Problems such as violence experienced at home, severe psychological pressure, alcohol or drug addiction are also included in this element. Documentation of the relevant situations must be supported by evidence such as witness statements or medical reports.
Infidelity and Cheating
Infidelity or cheating is an important reason for justified divorce. Elements that must be proven:
Personal and Material Evidence: Evidence such as e-mails, messages, social media records or photographs supporting the allegations of infidelity are required. This evidence must reveal the existence of cheating.
Witness Statements: Witness statements regarding cheating are an important element supporting the situation. Witnesses must provide information about how the cheating occurred.
Violence and Mistreatment
Physical or psychological violence is an important reason for justified divorce. In this case, elements that must be proven:
Health Reports: In cases of physical violence, medical reports and hospital records are used to prove the degree and effects of the violence.
Police Records and Complaints: Police reports and complaints about violent incidents are also important evidence. These documents show the continuity and seriousness of the violence.
Witness Statements: The statements of people who witnessed the violence in or around the house also play an important role in the case.
Separation and Lack of Communication
Long-term separation or constant lack of communication can be among the legitimate reasons for divorce. Elements to be proven:
Personal Communication Records: Correspondence, phone records and other communication documents between the spouses are used to prove the continuity of the separation.
Witnesses and Stated Situations: Witness statements and statements of circumstances indicating that the spouses are living separately and how this situation continues are also important.
Material and Non-pecuniary Damages Claims
In a legitimate divorce case, material and non-pecuniary damages claims are also frequently on the agenda. Elements to be proven:
Material Losses: Documents regarding material damages, loss of income or economic damages incurred during the divorce process must be submitted.
Spiritual Losses: Psychological traumas and spiritual damages should be supported by psychiatrist reports and witness testimonies.
Justified divorce cases require various elements to be proven correctly and effectively. In this process, evidence collection, witness testimonies and official documents are of great importance. Elements such as the fundamental breakdown of the marital union, infidelity, violence, separation and compensation claims constitute the cornerstones of a justified divorce case.
Contact Özkök Law Firm
You can apply to Özkök Law Firm to be guided correctly and protect your rights in your justified divorce cases. Our expert team is here to provide you with the best support with its experience in divorce cases.