Proof and evidences in divorce suits

ABSTRACT Family constitutes the foundation of the society. Therefore, the divorce suits have significant individual and societal outcomes. Legally, there are some regulations covering establishment of the marriage as well as the divorce which is one of the most common and crucial reason for the marital breakdown. Hence in Turkish law, judicial divorce system is recognized instead of voluntary divorce system. That is to say, legal occurrence of the divorce requires a trial which is based on one of the divorce grounds listed in Turkish Civil Code, proving claims and pleas by parties and finality of the judicial sentence resolving the divorce. Due to the importance of the divorce suits, some provisions exist which favor the interest of children, partners and public; include an evidence system in which evidence to be relied on can be freely chosen; eliminate the things that can complicate the evaluation of the evidence and the proper occurrence of the personal conviction of the judges. Thus, it is possible to signify that, the matters of proof and evidence are the distinguishing features of the divorce suits. Keywords: Divorce, Divorce Suits, Proof, Evidence.