Illegal Evidence Negatively Affects Divorce Cases – Last Minute Economy News
According to the data of the Turkish Statistical Institute (TUIK), the number of married couples in 2022 was recorded as 574 thousand 358, while the number of divorced couples reached 180 thousand 954.
In addition, it was stated that 32.7% of divorces occurred in the first 5 years of marriage and 21.6% in marriages that lasted 6 to 10 years. Bilgehan Utku, co-founder of Mil Law Firm and divorce attorney, explained the issues that couples should be aware of during the litigation process due to financial problems, infidelity, domestic violence and many other issues.
EVIDENCE PROVIDED IN CONTRACTIVE DIVORCES MUST BE LEGAL
While uncontested divorce cases can end in a single session, the process can be extended in contentious cases filed by couples who cannot agree. As long as the parties, who are obliged to prove the allegations against each other, do not appear in court with legal evidence, the case cannot lead to a divorce decision.
What should be considered in the evidence used in disputed divorce cases?
In divorce cases, the illegal evidence adduced by the parties is not accepted by the court. For this;
-Spyware should not be used.
– Illegal voice recordings must be kept.
– One of the parties is not allowed to follow the other with a private detective, is not allowed to be photographed.
– Telephone conversations and message files from the telecommunications company requested by the court can be added to the file as legal evidence.
False witnesses must not be brought to justice. If it turns out that the witness made a false statement, it is possible to start legal proceedings against him.
The evidence presented in cases filed with the charge of adultery is very important. Unannounced audio recordings, tracking devices placed in vehicles cannot be presented to court as legal evidence due to privacy violations. In addition, data on telephones can be obtained by a court decision. GSM operators can only detect the numbers related to the other party’s calls with the receipts associated with the call records.
IT IS REQUIRED TO GET THE SUPPORT OF A LAWYER FOR THE SOUND MANAGEMENT OF THE PROCESS.
Divorce cases differ according to the communication of the couples. After the written application with petition, the legal procedure begins orally. Statements that are not included in the petition are not valid, even if they are made during the oral hearing. It is recommended that you are assisted by an expert divorce lawyer so that things can be properly followed from the beginning to the end.
-The judge checks whether the party filing the lawsuit has paid the court fees and costs to the cashier of the family court.
– If he encounters an illegible or inappropriate petition in the divorce case, he may allow extra time to rearrange the petition.
– The court may ask questions and request evidence for the settlement of conflicting matters in material or legal terms.
-The judge of the family court can decide for divorce if the reasons stated in the case are proven.