Evidence in a divorce action is the most important element on which the court relies when assessing the ground for divorce, the allocation of fault and the parties’ claims. While many types of evidence may be used — witness statements, written documents, photographs, digital records and expert reports (bilirkişi raporu) — evidence obtained by unlawful means cannot be taken into account by the court. This article addresses which items of evidence may be used in a contested divorce action and which are regarded as unlawfully obtained. Current statistics on the number of divorce actions in Türkiye and their grounds are published regularly by TÜİK (the Turkish Statistical Institute).
- Classic forms of evidence such as witness testimony, written documents, photographs, expert reports and site inspection (keşif) may be used in a divorce action.
- Under HMK m. 189/2, evidence obtained unlawfully cannot form the basis of the judgment; this rule is absolute.
- Publicly accessible social media posts may serve as evidence, whereas audio and video recordings made covertly are generally regarded as unlawfully obtained.
- In a divorce action the judge has a limited power of investigation of the court’s own motion (re’sen araştırma) under TMK m. 184.
- Evidence must be stated expressly in the statement of claim and the statement of defence; the right to submit evidence at a later stage is subject to the rules of procedure.
Who Bears the Burden of Proof?
The burden of proof (ispat yükü) lies with the party that wishes to have its allegation accepted by the court; under TMK m. 6, unless the law provides otherwise, each of the parties is obliged to prove the existence of the facts on which it bases its right. In a divorce action this rule means that the party asserting a ground for divorce must support that ground with evidence.
For example, the party alleging infidelity is obliged to prove that allegation, and the party alleging economic violence is obliged to prove its own. The opposing party may submit counter-evidence to rebut the allegation. Determining correctly who bears the burden of proof is decisive for planning which evidence needs to be gathered.
Which Items of Evidence May Be Used in a Divorce Action?
As a rule, any kind of evidence may be used in a divorce action; witness testimony, written documents, photographs, expert reports, site inspection and the statements of the parties are the foremost among them. What matters is that the evidence has been obtained lawfully and is relevant to the subject matter of the action.
The provisions of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK) on proof and evidence apply in divorce actions as well; however, TMK m. 184 introduces certain limitations specific to divorce proceedings. For example, the judge is not fully bound by the parties’ admission or oath; the judge must be satisfied in conscience that the ground for divorce exists.
Among the items of evidence most frequently used in practice are witness statements, bank account movements, social media posts, messaging records and photographs. Each of these is assessed differently according to the manner in which it was obtained. In practice in the field of family and divorce law, submitting evidence to the case file at the right time and in the right form substantially affects the course of the action.
Can the Oath Be Used as Evidence in a Divorce Action?
Although the oath (yemin) is a form of conclusive evidence used in general civil actions, it has a limited field of application in divorce actions. Under TMK m. 184 the judge may not offer the parties an oath, either of the court’s own motion or upon request, on facts relating to the ground for divorce.
The purpose of this limitation is to protect the public-order dimension of the divorce action; allowing a matter as sensitive as the ground for divorce to be proved by oath alone could enable statements contrary to the truth to influence the judgment. For this reason, allegations concerning the ground for divorce must be supported by other evidence.
Physical and Written Evidence: Photographs, Letters and Documents
Physical and written evidence such as photographs, letters, invoices and travel documents are among the classic items of evidence frequently used in divorce actions. Submitting such documents to the case file in the original or as a certified copy increases their probative force.
For example, invoices and expenditure records showing a party’s financial position or lifestyle may be taken into account when determining the amount of maintenance (nafaka). Likewise, documents such as the lease agreement or the title deed record relating to the matrimonial home may take on importance at the stage of liquidation of the matrimonial property regime (mal rejiminin tasfiyesi).
Documents obtained from official institutions (such as a medical report, a police station record or a forensic medicine report) carry particularly strong probative value in divorce actions based on allegations of violence. That such documents were obtained close in time to the incident and record it in detail are factors that increase their probative force.
How Is Witness Testimony Assessed in a Divorce Action?
Witness testimony is one of the items of evidence most frequently relied upon in divorce actions, and it is a form of evidence that the judge appraises freely. The fact that the witness observed the incident directly increases the credibility of the statement.
Testimony by close relatives or friends is not prohibited by law; however, the judge assesses the probative force of the statement by taking into account the witness’s closeness to one of the parties. Witness statements based only on hearsay (relaying what was heard from another person) have lower probative value than statements based on direct observation.
Notifying the list of witnesses in the statement of claim or the statement of defence requires the witness’s name and address and the matter on which the witness has knowledge to be specified. Summoning the witness to the hearing by writ and hearing the witness under oath are subject to the rules of procedure. If a witness fails to attend the hearing without a reasonable excuse, the court may order that the witness be brought by force.
Digital Evidence: Messages, Social Media and E-mails
Digital evidence may be used as evidence in respect of content found on a person’s own device and obtained with their consent, as well as publicly accessible posts. Messages on a person’s own telephone or publicly accessible social media posts are assessed within this scope.
Which Digital Evidence Is Regarded as Lawfully Obtained?
A party’s submission of a message sent to them by taking a screenshot from their own telephone is generally regarded as lawful, because the person is retaining a communication addressed to them. Likewise, content shared on a publicly accessible social media account may also be submitted as evidence.
Data Obtained from Shared Accounts and Devices
Data that one spouse obtains by accessing the other’s private account or password-protected device without permission is subject to a different legal assessment. Since such access may be characterised as a violation of the privacy of private life, the risk that the data obtained will be regarded as unlawfully obtained evidence is high.
The position of data held on a jointly used computer or tablet, accessed by both parties and kept in an environment without password protection, is assessed separately. In such borderline cases the court examines together the manner in which the data was obtained, the shared-use character of the device and the parties’ reasonable expectation regarding access to that data. For this reason the notion of a “shared area” does not automatically render every item of data lawfully obtained.
Unlawfully Obtained Evidence: Covert Audio Recordings and Camera Footage
Under HMK m. 189/2, evidence obtained unlawfully cannot be taken into account by the court in proving a fact. This rule applies absolutely, irrespective of how far the evidence would affect the outcome of the action, and the judge is obliged to carry out this examination of the court’s own motion.
In its decision no. 2016/23960 E., 2018/10956 K., the 2nd Civil Chamber of the Yargıtay (the Court of Cassation) emphasised that a CD containing an audio recording obtained in a manner violating the privacy of private life could not be used as evidence in a divorce action. This principle applies equally to covert telephone interception, unauthorised ambient recordings and filming without consent.
| Type of Evidence | General Assessment |
|---|---|
| Screenshot of a message received on one’s own telephone | Generally lawful |
| Publicly accessible social media post | Generally lawful |
| Unauthorised access to the other spouse’s password-protected account | High risk of being unlawful |
| Covert ambient or telephone audio recording | Generally unlawful |
| Covert camera footage taken without consent | Generally unlawful |
This table summarises the general tendency; the circumstances of each case (the setting in which the recording was made, the consent of the parties, the manner in which it was obtained) are assessed separately in the particular file.
The constitutional basis of the prohibition on unlawfully obtained evidence is found in Anayasa m. 38/6, and this principle is not confined to criminal proceedings but also finds application in civil proceedings. Where the judge establishes that an item of evidence submitted to the file was obtained by unlawful means, the judge is obliged to exclude it from assessment of the court’s own motion, even if the parties raise no objection.
The legislation on the protection of personal data is also connected with this assessment; audio, image or location data recorded without a person’s consent may at the same time give rise to a discussion of the unlawful processing of personal data. For this reason it is advisable to act carefully when choosing a method of gathering evidence, not only in relation to the divorce action itself but also as regards the general legal consequences.
What Is the Evidential Standard for an Allegation of Adultery (Infidelity)?
In divorce actions based on an allegation of infidelity the evidential standard is set high, given the nature of the allegation, since it directly affects both the ground for divorce and the allocation of fault. Suspicion or assumption alone is not sufficient to prove infidelity.
In such actions, witness testimony, correspondence obtained lawfully, observations from the shared social circle and, where they exist, publicly accessible posts may be submitted as evidence. By way of an entirely fictitious and anonymous example, the submission to the file of photographs shared by one party with a third person on a publicly accessible social media account and accessible to the public may be given as an example of lawfully obtained evidence (illustrative only).
Can Home Security Camera Recordings Be Used as Evidence?
Security camera recordings installed in the matrimonial home and operating with the knowledge of both parties may be assessed as evidence to the extent that they film general living areas (such as the living room or the entrance door). By contrast, footage obtained by means of a camera placed covertly without the other party’s knowledge may fall within the scope of unlawfully obtained evidence.
When the evidential value of camera footage is assessed, the purpose for which the camera was installed, whether the parties were aware of it and the level of privacy of the area filmed are examined together. Footage from a camera directed at areas where a high level of privacy is expected, such as a bedroom or a bathroom, carries a risk of being regarded as unlawfully obtained even where there is shared access to the dwelling.
Can Private Investigator Reports Be Used as Evidence?
Private investigator reports have a legal status that varies according to the method by which they were obtained. While observation and photography carried out in a public place may generally be submitted as evidence, surveillance carried out by entering a person’s private living space (such as a dwelling or the closed sections of a workplace) without permission may be regarded as unlawful.
Since private investigation activity is not yet comprehensively regulated by a specific statute in Türkiye, the evidential value of such reports is examined separately in each particular case. Covert recording directed at a person’s dwelling, the interior of their vehicle or their closed premises during surveillance markedly increases the likelihood that the material obtained will be regarded as unlawfully obtained evidence.
For a private investigator’s report to be capable of being taken into account by the court, the observations and documents on which the report is based must have been obtained by lawful methods. Otherwise the report may be assessed as unlawfully obtained evidence and rejected.
Where the parties prefer to divorce by agreement, no process of gathering evidence is required; we address this alternative route in our article on uncontested divorce in İzmir.
Expert Examination and Site Inspection in a Divorce Action
Expert examination is a means of evidence that assists the court on technical matters such as liquidation of the matrimonial property regime and the participation claim and the determination of the amount of maintenance. Site inspection, for its part, enables the court to obtain information directly by examining a place or an item on site.
In claims relating to liquidation of the matrimonial property regime, it is common practice for an expert examination to be carried out in order to determine the value of an immovable or of a business. The parties may object to the expert report and, if necessary, request a supplementary report or a report from a new panel of experts.
In custody disputes, the report known as the social investigation report (sosyal inceleme raporu), prepared by a pedagogue, psychologist or social worker, is an important means of evidence. This report is prepared by examining on site the environment in which the child finds themselves, the child’s relationship with the parents and the housing conditions, and it presents the court with concrete observations as to the best interests of the child.
Procedural Rules to Observe When Submitting Evidence
Evidence must be stated expressly in the statement of claim and the statement of defence; the parties are required to specify in their pleadings which fact they will prove with which item of evidence. The submission of new evidence after the preliminary examination stage is subject to the procedural conditions laid down by law.
Written documents must be submitted to the file in the original or as a certified copy. When evidence held in physical or digital form is submitted to the file, taking care that its original state is not impaired is important for preserving the probative force of the evidence. Assessing which item of evidence is to be submitted, and in what form, in a particular file directly affects how the process unfolds.
At the preliminary examination hearing the judge determines the evidence notified by the parties and, where necessary, grants the parties a peremptory period (kesin süre) requiring the completion of missing evidence (such as bank records, witnesses’ addresses or the expert’s fee). A step not performed within the peremptory period may result in that item of evidence being deemed to have been waived; for this reason the periods granted by the court must be observed. The question of who pays the opposing party’s attorney fee for the party that loses at the end of the action is a separate matter determining the scope of the litigation costs.
Leaving the list of evidence incomplete or unclear in the pleadings may lead to the right to rely on that evidence later being restricted within the framework of the rules of procedure. For this reason, planning in advance which fact will be proved with which item of evidence when preparing the statement of claim or the statement of defence is an important procedural step that prevents delay in the proceedings. The manner in which the procedural rules on evidence are applied is regulated in detail in the full text of the Code of Civil Procedure available on mevzuat.gov.tr.
The effect of the evidence on the outcome generally bears directly on maintenance and custody claims as well; you may also look at our articles on a request for an increase in the amount of maintenance and regard for the child’s interests in custody arrangements. You can research decisions of the Yargıtay (the Court of Cassation) on unlawfully obtained evidence through the Yargıtay Decision Search system.
What Will the Other Side Do?
In a contested divorce action the other side too will have a defence strategy to develop against the evidence submitted; being prepared for that strategy determines how the evidence is to be gathered and presented.
- It may be alleged that the evidence submitted was obtained by unlawful means (a covert audio recording, unauthorised access to an account) and its exclusion may be requested. Setting out clearly the manner in which the evidence was obtained (one’s own device, a publicly accessible post, access with consent) answers this objection.
- It may be asserted that the witness is partial and, because of their closeness to a party, not reliable. Concrete details showing the witness’s direct observation of the incident and, where possible, having a second, independent witness heard weaken this assertion.
- It may be alleged that the digital evidence submitted (a message, a screenshot) has been altered or is fabricated. Submitting the device for expert examination or requesting a technical examination demonstrating the integrity of the digital record is decisive in meeting this objection.
- It may be argued that the alleged event (infidelity, for example) rests on suspicion alone and that there is insufficient evidence. Assessing witness testimony, correspondence and publicly accessible posts together so as to form a coherent body of evidence answers this defence.
- It may be asserted that the evidence was not notified in time in the statement of claim and cannot be submitted later. It must be shown that the evidence was duly notified in the statement of claim or the statement of defence, or at the preliminary examination stage.
Which objection comes to the fore varies according to the type of evidence and the manner in which it was obtained; for this reason it is important to assess the evidence for lawfulness before the action is brought. To assess in advance which defence your file is likely to meet, you may get in touch.
Frequently Asked Questions
What happens if false testimony is given in a divorce action?
False testimony may constitute a separate offence under the Turkish Penal Code (Türk Ceza Kanunu). In a civil action, if the judge establishes that a witness’s statement is contradictory or contrary to the truth, the judge may decline to give it credit.
How are WhatsApp messages submitted to the court?
Messages are generally submitted to the file by way of a screenshot or an expert determination through examination of the device. Where necessary, an expert examination may be requested in order to prove the integrity of the message and the identity of the parties.
Is covertly recorded video always unlawful?
The general rule is that covert recordings made without consent and in a private living space are regarded as unlawful. In a public place, where the person has no expectation of private life, the assessment may differ; this matter is examined according to the circumstances of the particular case.
Will a divorce action be dismissed if the evidence is insufficient?
If the judge is not satisfied in conscience that the ground for divorce exists, the action may be dismissed. For this reason it is important that sufficient and lawfully obtained evidence supporting the allegation is submitted to the file.
Can bank account movements be requested through the court?
Yes; in claims for maintenance or for liquidation of the matrimonial property regime, the court may request the relevant banks to send account movements, either of its own motion or upon a party’s request.
Can a social media post that has been deleted be used as evidence?
If a screenshot or an archive record taken before the post was deleted exists, it may be submitted as evidence. However, if the opposing party disputes the authenticity of the content, a technical examination may be carried out where necessary.
Can the social investigation report in a custody case be challenged?
Yes; the parties may object to the findings in the social investigation report and, if necessary, request that a new examination be carried out. The judge appraises the report freely together with the other evidence; the report is not binding on its own.
Related Articles and Sources
In connection with this subject, our articles entitled the uncontested divorce process in İzmir, action for an increase in maintenance and the best interests of the child in custody also contain useful information. For following current data and legislation, the resources of the Union of Turkish Bar Associations (Türkiye Barolar Birliği) and the Yargıtay Decision Search System may be used.
Sources
- Turkish Statistical Institute (TÜİK)
- Legislation Information System (mevzuat.gov.tr)
- Yargıtay Decision Search System
- Union of Turkish Bar Associations (Türkiye Barolar Birliği)
Related Articles
- Uncontested Divorce in İzmir: Protocol, Hearing and Process (2026)
- How Are Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
- Who Pays the Opposing Party’s Attorney Fee? (2026 AAÜT Guide)
- Action for an Increase in Maintenance: TÜFE Rate, Conditions and Timing
- The Best Interests of the Child in Custody: What Does the Court Look At?
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your file. This article was prepared on the basis of the legislation in force as at 17.09.2026.
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