Boşanma Davasında Deliller (Hukuka Aykırılık, WhatsApp, Aldatma, vs.) - Avukat Serpil Çınar

As in every case, evidence and the identification of evidence are crucial in divorce cases. The plaintiff must prove their allegations, and the defendant must prove their statements to the defense with counter-evidence. If evidence is not proven, the court will rule against the party who failed to prove it. Another crucial aspect of evidence is its legality. If it is unlawful, the court will not consider it as the basis for a judgment, and the individual's claims will be rejected due to insufficient evidence in the divorce case. So, what is evidence in divorce cases? Witnesses, photographs, videos, bank records, civil registration records, real estate records, vehicle registration records, socio-economic status investigations (SED), voice recordings, text messages, call records, and social media (Instagram, Facebook, Twitter) account records can be submitted as evidence. When is evidence submitted in divorce cases, and what is the timeframe for submitting evidence? When filing a lawsuit or responding to a lawsuit, a petitioner can submit a petition stating which allegation is supported by which evidence. However, if evidence is not submitted at the petition stage, the court will grant both parties time at the preliminary hearing to present their evidence or any missing evidence. The court's deadline is final, and if evidence is not presented within this timeframe, the claim will not be proven. Does a voice recording count as evidence in a divorce case? In divorce cases, a spouse often submits a voice recording to prove infidelity or to prove their spouse swearing or shouting during arguments. As with any evidence, legality is crucial for voice recordings. If the recording was recorded without the spouse's knowledge and consent, the recording submitted to the court is unlawful and will not be considered a basis for a judgment. Is texting grounds for divorce? Spouses have a duty of fidelity to each other. A person officially married should not form an emotional bond with a third party. A spouse's constant texting, engaging in romantic conversations, and meeting with someone of the opposite sex constitutes acts of breaching trust. A spouse, in a divorce case filed due to the fundamental breakdown of the marriage, may allege that their spouse is constantly texting, sending photos, and videos to establish an emotional bond with someone of the opposite sex, thus breaching trust. So, will the content of the messages be revealed in a divorce case? Text recordings and the content of the messages are not included in the court-subpoenaed records. The subpoenaed records only show the number, time, and number of messages exchanged. Can telephone wiretapping be done in a divorce case? It is not possible to wiretap. Can phone records be requested in a divorce case? If one party suspects their spouse of breaching trust, the court can request a retroactive subpoena of phone records. Documents of phone calls can be requested from the relevant mobile operator (Turkcell, Vodafone, Türk Telekom). The phone records detail which number, at what time, and for how many minutes each person spoke. How many years back are phone records available in a divorce case, and how long are they retained? Mobile operators keep phone records for a period of five years, but in practice, requests for phone records can be made for a period of only two years from the date of the divorce case. Whether WhatsApp records can be requested in a divorce case is a common question. It's impossible to request WhatsApp records, claiming that your spouse doesn't communicate via regular calls or texts, but rather constantly communicates via WhatsApp. WhatsApp is a private application; no institution in our country can intervene in WhatsApp records. Since the app is based in the US, the records will not be available. Can Facebook records be requested in a divorce case? Information about who your spouse messages with or sends friend requests to through their Facebook account cannot be requested through a divorce case. Because the Facebook app is a US-based system, records cannot be requested through the app. However, if your spouse has engaged in breach of trust through social media accounts like Facebook, Instagram, or Twitter, they can be submitted as evidence in the case file. To Subscribe to Attorney Serpil Çınar's YouTube Channel: ► https://bit.ly/AvukatSerpilÇınar Attorney Serpil Çınar's Social Media Accounts: Website ► https://www.cinar.av.tr/ Instagram ►   / serpilcinar   X ► https://x.com/avserpilcinar