Digital evidence is decisive in divorce. However, evidence obtained illegal is rejected by the court, and there is a violation of TCK Articles 134-136.
Digital evidence accepted by the court
- Content sent or shared by the spouse himself (WhatsApp correspondence with the spouse, public Instagram post).
- Detection from the party's own phone (shared iCloud / Google photo backup).
- e-Detection (HMK article 400 - Determination in the Civil Court of Peace).
- Notarization (web page detection).
- Evidence received in the file of the Public Prosecutor's Office (if there is a criminal complaint).
Evidence that the court will reject
- Non-consensual recording from spouse's phone (TCK 134 violation).
- Data received with "spouse tracking program" (mSpy, Cocospy).
- Screen taken by breaking into the spouse's social media without permission
- Data of unknown origin, received from a third party outside the family.
e-Detection procedure
Frequently asked questions
My wife's phone is with me; Can I take a screenshot?
No, if the spouse did not give consent; It is a violation of TCK 134. Public iCloud backup or message sent to your own device can be used.
The web page may be deleted within hours, what should I do?
Emergency notary detection or screenshot + timestamp service (TÜBİTAK e-Correspondence). Then request for e-determination with HMK article 400.
Are WhatsApp group messages considered evidence?
Yes, accept the screen received as a group member. If you are not a member and received it from another member, that member's testimony + screen must be presented.
How to get location data?
If a joint Google account is shared, "Location History" is direct evidence. It cannot be taken from your spouse's phone without consent; However, "Find My iPhone" can be used if there is common use.
Can a private detective be used for evidence of infidelity?
Private detective work is not regular in Türkiye; However, a detection office that operates in accordance with the law (photographing in a public place) can be used. Residence + private area cannot be entered.
Relevant legislation
- Law No. 6284 — Injunctions to prevent domestic violence.
- TCK art.134-136 — Violation of privacy; image/audio recordings.
- TCK art.103, 226 — Sexual abuse / obscenity against a child.
- TCK Article 106 (threat), Article 125 (insult) — Crimes frequently applied in cyber bullying.
- Law No. 5651 art.9/A — Urgent content removal.