Can Phone Records and Message Contents Be Used as Evidence in Divorce Cases?


Can Phone Records Be Requested in Divorce Cases?

One of the most frequently asked questions in divorce cases is whether it is possible to request phone records or message contents as evidence. Especially in cases of infidelity, the question of whether phone calls or message contents can be obtained from the court is of great interest.

In Turkey, the content of phone calls and messages cannot be requested from the court. Personal requests to GSM operators (such as Turkcell, Türk Telekom, Vodafone) for such records will also be denied. Revealing the content of conversations and messages would constitute a violation of privacy. However, it is possible to obtain records showing which numbers were called, how often, and on which dates. These records are available from GSM operators and can be requested only through the court.

What If the Third Party's Number is Known?
If the phone number of the third party involved in the affair is known, their call logs can be requested. However, only the date, frequency, and phone number involved will be provided—not the content of the messages or calls. These records are requested through the court during suspicion and cannot be obtained personally from GSM operators.

How Far Back Can Phone Records Be Requested?
Phone records can only be requested for a specific period of time. If a spouse suspects infidelity, they can request call logs for the time frame in which they believe the infidelity occurred. However, it is not possible to obtain records covering a long period of time. For example, if a couple has been married for 20 years, the records can only be requested for the specific period of suspected infidelity.

The Role of Social Media in Divorce Cases

In today’s digital age, social media plays an essential role in daily life. The Turkish Court of Cassation has ruled that social media posts and data obtained electronically can be accepted as evidence if supported by other proof. However, social media posts alone are not considered definitive evidence and are treated as discretionary evidence.

Posts, comments, and private messages from social media accounts can be used as evidence as long as they are not obtained illegally.

Examples of Acceptable Evidence from Social Media:

  • Shared photos
  • Subscribed pages or groups
  • Comments and private messages with other users

Can WhatsApp, Instagram, or Facebook Chats Be Used as Evidence?
Chats on WhatsApp, Instagram, Facebook, or other messaging platforms can be submitted as evidence if they are obtained legally. For instance, if a spouse has legitimate access to their partner’s phone and finds incriminating messages or photos, they can present them as evidence in court. However, hacking or forcibly accessing a phone to retrieve such information would make the evidence inadmissible.

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