In divorce cases, definitive evidence is concrete and strong evidence that is considered true by the court and directly affects the outcome of the case. This evidence is used to prove that the marriage has been shaken to its core, that one of the spouses has acted erroneously, or that the other party has made claims.
Types of Definitive Evidence:
Witness Statements:
Statements given in court by people who have knowledge of the spouses’ behavior during the marriage. Witness statements can be especially effective in proving situations such as physical and psychological violence.
Visual and Written Evidence:
Photos or Videos: Visual evidence of events that negatively affect the marriage (cheating, violence, etc.).
Messages and Emails: Documents such as WhatsApp, SMS or social media correspondence can be especially effective in proving cheating or malicious behavior.
Letters or Notes: Documents written between spouses.
Official Documents:
Police reports (records of violence or criminal cases).
Hospital reports (medical reports on physical violence).
Court decisions (such as previously issued restraining orders).
Audio and Visual Recordings:
In Turkish Law, unauthorized recordings may be unlawful due to the protection of personal data. However, in some cases, the court may consider these records as evidence on the grounds of “legitimate defense or protection of rights.”
Economic Records:
Documents such as bank account statements, credit card statements, promissory notes can prove economic negligence or other faults.
Expert Witness and Expert Opinions:
Especially in cases requiring technical examination, reports obtained from experts are used to confirm the accuracy of the evidence.
Importance of Conclusive Evidence:
In divorce cases, the judge makes decisions based on conclusive evidence. Therefore, evidence must be collected in accordance with the law and presented to the court.
Evidence may carry different weights depending on whether the case is contested or consensual. In contested cases, the presentation of evidence is of greater importance.
You can ensure that evidence is collected in accordance with the law by getting help from a lawyer.
