![\"\"](\"https:\/\/www.ozkokhukuk.com\/wp-content\/uploads\/2024\/10\/divorce-3194994_1280-400x200.jpg\")
<\/h2>\nAdultery is considered a behavior that fundamentally shakes the marital union and is frequently on the agenda in divorce cases. Filing a divorce case due to adultery charges is a very complicated situation with its legal process and emotional dimensions. In this guide, we will examine step by step how to file a divorce case due to adultery charges.<\/p>\n
<\/h2>\n1. What is Adultery?<\/p>\n
Definition: Adultery is when a married person has sexual intercourse with another person without the consent of their spouse.<\/p>\n
Example: If a person admits to having a relationship with another person while they are married, this can be considered adultery.<\/p>\n
2. Right to File a Divorce Case Due to Adultery
\nA. According to the Turkish Civil Code:
\nAdultery is regulated as one of the grounds for divorce. Article 161 states, “If one of the spouses commits adultery, the other spouse can file a divorce case.” B. Gathering Evidence:
\nIn order to file a divorce case on the charge of adultery, evidence that proves the act of adultery is first needed.
\n3. Methods of Gathering Evidence
\nA. Witnesses:
\nWitnesses who saw the act of adultery or have information about it can be presented as evidence in court.<\/p>\n
For example: A friend who says they saw your spouse with someone else can testify in court.
\nB. Photo and Video Evidence:
\nPhotographs or video recordings documenting the act of adultery are also valid evidence.
\nFor example: A photo of your spouse with someone else can be used as evidence in an adultery case.
\nC. Text Messages and Phone Records:
\nMessages or phone records that support the adulterous relationship can be considered as evidence.
\nFor example: Your spouse’s correspondence with the other person can be submitted to the court.
\n4. Documents Required for the Divorce Case
\nA. Petition:
\nA petition must be prepared in order to file a divorce case. The act of adultery and evidence must be specified in detail in this petition.
\nB. Identity Documents:
\nThe photocopies of the parties’ identity documents and marriage certificates must also be added to the case file.<\/p>\n
C. Witness List:
\nThe names and contact information of the persons who will be shown as witnesses to prove the act of adultery must be added to the petition.<\/p>\n
5. Case Process
\nA. Filing a Case:
\nThe prepared petition is submitted to the authorized family court and the case is filed.<\/p>\n
B. Statements of the Parties:
\nThe court hears the parties and evaluates the evidence. Defenses regarding the allegations of adultery are taken.<\/p>\n
C. Hearing of Witnesses:
\nThe court hears the witnesses and evaluates the evidence. Witness statements may affect the course of the case.<\/p>\n
D. Decision Process:
\nThe court evaluates all the evidence and statements and makes its decision. If adultery is proven, the divorce case may have a positive result.<\/p>\n
6. Legal Consequences of Divorce
\nA. Property Division:
\nIn the event of divorce, property division may be affected due to adultery. The spouse who committed adultery may have fewer rights in property division.
\nB. Alimony Right:
\nThe court evaluates whether a spouse who is divorced due to adultery is entitled to alimony.<\/p>\n
C. Child Custody:
\nIn a divorce case, the decision is made by taking into account the custody of the children. Adultery can affect custody rights.<\/p>\n
7.
\nFiling for divorce on the grounds of adultery is a process that requires attention and meticulousness. Gathering the right evidence and following the legal processes correctly can affect the course of the case. Getting support from a lawyer during this process will help you protect your rights.","protected":false},"excerpt":{"rendered":"
How to File a Divorce Case Due to Adultery Charges? Step-by-Step Guide Adultery is considered a behavior that fundamentally shakes the marital union and is frequently on the agenda in divorce cases. Filing a divorce case due to adultery charges is a very complicated situation with its legal process and emotional dimensions. In this guide, […]<\/p>\n","protected":false},"author":12,"featured_media":8483,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8480","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8480","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=8480"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8480\/revisions"}],"predecessor-version":[{"id":10713,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8480\/revisions\/10713"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/8483"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=8480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=8480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=8480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}