Divorce Due to Adultery: How to Manage Your Rights and Processes?
The divorce process is an emotionally and legally complex period for couples. Adultery is one of the most common reasons for divorce. In this article, we will examine in detail the legal aspects of divorce due to adultery, your rights, and how to manage the processes.
What is Adultery?
Adultery means that a married person has sexual intercourse with another person without the consent of their spouse. According to the Turkish Civil Code, adultery is considered a reason for divorce.
The Process of Filing a Divorce Case Due to Adultery
Who Can File the Case?
Only the aggrieved party can file a divorce case due to adultery. In other words, the person who thinks that their spouse has committed adultery has the right to file a case.
Example: When A learns that their spouse has had sexual intercourse with another person, they can file a divorce case due to adultery.
Preparing a Petition:
A petition is a document that states the reason for divorce in detail and presents evidence. The petition must include evidence proving the act of adultery.
Example: A may present evidence such as photographs, messages or witness statements to prove that his spouse committed adultery.
Court Application:
The petition must be submitted to the family court. The court will evaluate the situation by listening to the parties and examine the evidence when deemed necessary.
Presenting Evidence in a Divorce Case Due to Adultery
Types of Evidence:
The evidence that can be presented in an adultery case includes the following:
Observation and Witness Statements: Witness statements that the spouse was seen with another person.
Written and Visual Evidence: Evidence such as text messages, e-mails, photographs.
Expert Reports: Reports from a psychologist or social worker.
Example: A may present evidence to the court by presenting witness statements that his spouse was with another person.
Your Rights During the Divorce Process
Property Division:
The property division after divorce is made on the property acquired during the marriage. Divorce due to adultery may affect this division.
Example: The spouse who commits adultery may demand fewer rights in the division of property.
Child Custody:
If the couple has children, custody is also an important issue in the divorce case. Adultery can have an impact on custody.
Example: A, whose spouse is found to have committed adultery, may be in a stronger position to obtain custody of the children.
Material Compensation:
In a divorce case due to adultery, the aggrieved party may demand material and moral compensation. This compensation may be requested in order to compensate for the damages suffered.
Example: A may claim compensation by claiming that he suffered psychological damage due to his spouse’s adultery.
Court Process and Decision
Court Hearing Process:
When hearing the case, the court hears both sides and evaluates the evidence. After hearing the claims of both parties, the court reaches a decision.
Example: The court may decide on divorce by evaluating the evidence presented by A.
Objection Process of the Decision:
After the court decision, one of the parties may object to the decision. The objection must be made to a higher court.
Example: A spouse who is found to have committed adultery may extend the process by appealing the court decision.
Points to Consider
Filing the Case on Time:
To file for divorce due to adultery, you must file within 6 months from the date you learned of your spouse’s act of adultery. Otherwise, your right to file a lawsuit is void.
Get Legal Support:
The divorce process can be complicated. Therefore, getting legal support from a lawyer is important in terms of protecting your rights.
The Importance of Divorce Due to Adultery
Divorce due to adultery can cause serious changes in individuals’ lives. Knowing your rights and managing the process correctly during this process will contribute to the results being in your favor. In addition to emotional difficulties, legal processes should also be followed carefully. Remember, such situations can be complicated and it will always be beneficial to get help from an expert lawyer.
