Evidence Gathering in Divorce Cases

Feb 27, 2022

According to the Civil Code, the reasons for divorce are grouped under six headings:

  • Infidelity (adultery)
  • Murder, very bad or degrading behavior
  • Crime and dignity
  • don’t leave the house
  • Mental illness
  • Shaking the marriage union

One or more of these reasons may coexist. However, when filing for divorce, it is necessary to prove the reason. Evidence proving this situation must be presented to the court.

Financial difficulties, negative living conditions, inability of spouses to be faithful to each other, sexual preferences or major disagreements cause divorce cases. Evidence is very important in our legal system. However, the parties wishing to divorce may not know which evidence is needed in which case.

At this point, private detective agencies andor the consultancy and legal services of private research institutions are needed. The people working in these organizations know well for what reasons a divorce case can be filed and what kind of evidence will be needed for these reasons for divorce.

Infidelity (adultery)

By law, if one of the spouses cheats on their spouse, the other spouse can file for divorce. However, he has to file this lawsuit within six months, starting from the date he learned about the incident. If five years have passed since the deception incident, a lawsuit cannot be filed again.

In order to file a lawsuit, tangible and visible convincing evidence that will not leave any doubt is required. For this, in order to prove the deception event, it is necessary to collect legal evidence without violating the privacy of private life and without entering private life areas.

Murder, very bad or degrading behavior

According to the law, if one of the spouses tries on their spouse’s life, or treats him/herself terribly, or commits an act of dishonor, the other spouse can file for divorce. However, he must open this case within six months, starting from the date he learned about the incident. If five years have passed since the cheating incident, a lawsuit cannot be filed again.

Incompatibility between spouses based on various reasons is frequently experienced. Sometimes spouses use violence against each other. In order to file a lawsuit, the injured spouse needs documents issued at the police station, forensic medicine institution or health institution.

Crime and dignity

By law, if one of the spouses has committed a humiliating crime or is leading a dishonorable life, the other spouse may not want to continue living with them and can always file for divorce. For this, the other spouse must prove this situation with witness statements and other evidence.

Leaving

According to the law, if one of the spouses has left their home to fail to fulfill their marital obligations or does not return home without a justifiable reason, the other spouse can file for divorce if this situation has lasted for at least six months. In some cases, the court may order the other spouse to return home. If this call is unsuccessful, the other spouse can file for divorce. The spouse who forces his wife to leave the house or prevents her from returning home without a justifiable reason is considered to have left the house according to the law.

Abandonment is itself a reason for divorce. Whether the common life becomes unbearable for the other spouse due to abandonment is not investigated.

Mental illness

According to the law, if one of the spouses is mentally ill and this life becomes unbearable for the other spouse, the other spouse can file for divorce if this situation is determined by the official health board report.

An expert report of mental illness is not sufficient.

Shaking the marriage union

According to the law, if the marriage union is shaken to its foundation, either spouse can file for divorce. If the marriage has lasted at least one year, if the spouses apply together or if the other spouse does not object, the marriage union is considered to have been shaken to its foundation. If the lawsuit filed on the basis of any reason for divorce is rejected, but the joint life has not been established even after three years, the marriage union is considered to have been shaken to its foundations and a divorce is decided upon the request of one of the spouses.

This is the most common reason for divorce in divorce cases. There are numerous behaviors and actions that fall within the scope of this article. The important thing is to support them with evidence.

Conclusion

As a result, it will be in their own interest for the spouses to receive counseling and legal services when they decide to divorce and at every step of the divorce process.

You can learn everything you wonder about consultancy and legal services from our company employees. In the meantime, if you want to get more information about collecting evidence in divorce cases, come to our company immediately. Our expert staff in our staff will share the most up-to-date information with you.

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