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, we will examine step by step how to file a divorce case due to adultery charges.
1. What is Adultery?
Definition: Adultery is when a married person has sexual intercourse with another person without the consent of their spouse.
Example: If a person admits to having a relationship with another person while they are married, this can be considered adultery.
2. Right to File a Divorce Case Due to Adultery
A. According to the Turkish Civil Code:
Adultery 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:
In order to file a divorce case on the charge of adultery, evidence that proves the act of adultery is first needed.
3. Methods of Gathering Evidence
A. Witnesses:
Witnesses who saw the act of adultery or have information about it can be presented as evidence in court.
For example: A friend who says they saw your spouse with someone else can testify in court.
B. Photo and Video Evidence:
Photographs or video recordings documenting the act of adultery are also valid evidence.
For example: A photo of your spouse with someone else can be used as evidence in an adultery case.
C. Text Messages and Phone Records:
Messages or phone records that support the adulterous relationship can be considered as evidence.
For example: Your spouse’s correspondence with the other person can be submitted to the court.
4. Documents Required for the Divorce Case
A. Petition:
A 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.
B. Identity Documents:
The photocopies of the parties’ identity documents and marriage certificates must also be added to the case file.
C. Witness List:
The 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.
5. Case Process
A. Filing a Case:
The prepared petition is submitted to the authorized family court and the case is filed.
B. Statements of the Parties:
The court hears the parties and evaluates the evidence. Defenses regarding the allegations of adultery are taken.
C. Hearing of Witnesses:
The court hears the witnesses and evaluates the evidence. Witness statements may affect the course of the case.
D. Decision Process:
The court evaluates all the evidence and statements and makes its decision. If adultery is proven, the divorce case may have a positive result.
6. Legal Consequences of Divorce
A. Property Division:
In the event of divorce, property division may be affected due to adultery. The spouse who committed adultery may have fewer rights in property division.
B. Alimony Right:
The court evaluates whether a spouse who is divorced due to adultery is entitled to alimony.
C. Child Custody:
In a divorce case, the decision is made by taking into account the custody of the children. Adultery can affect custody rights.
7.
Filing 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.
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