Divorce due to abandonment

Divorce Due to Abandonment | Lawyer in Izmir

Abandonment, defined as one spouse intentionally and permanently leaving the marital home with the aim of not fulfilling the obligations imposed by the marriage and not returning to the marital home without a justifiable reason, is a specific and absolute ground for divorce according to the Turkish Civil Code.

Divorce due to abandonment, Civil code’'un 164. This is regulated in Article [number]. According to this article: “If one spouse abandons the other with the intention of not fulfilling the obligations arising from the marriage, or does not return to the common residence without a valid reason, and the separation has lasted at least six months and continues, and a warning issued by the judge upon request remains ineffective; the abandoned spouse may file for divorce. A spouse who forces the other to leave the common residence or prevents them from returning to the common residence without a valid reason shall also be deemed to have abandoned the other.”

“"Upon the request of the spouse entitled to file the lawsuit, the judge, without examining the merits of the case, shall issue a warning to the spouse who has left the common residence, stating that they must return to the residence within two months and warning them of the consequences if they do not return. This warning may be issued by public notice if necessary. However, a request for a warning cannot be made before the end of the fourth month of the specified period for filing a divorce lawsuit, and a lawsuit cannot be filed until two months have passed after the warning.".

If we examine the conditions in the law,

In order to file a lawsuit based on abandonment:

1. The marital life must have been terminated with the intention of avoiding the fulfillment of the obligations arising from the marriage.
2. There must be an intention to leave the shared life and not return.
3. It must be unjust to end a shared life together.
4. The abandonment must have lasted at least six months.
5. A warning notice to return home must have been sent.
6. The warning must be valid and justified.
7. The residence to which the summons was sent must be ready.

 To the Spouse Who Abandonswith the leaderCzech Warningçplum;

• Name, surname and address of the spouse sending the warning,
• The name, surname, and address of the spouse to whom the warning was sent.,
• The address of the invited shared residence,
• If the invited spouse and their children are to return to the shared residence, sufficient funds to cover these expenses, as well as travel and accommodation costs if they are not admitted, should be sent as a deposit upon delivery at the residence, along with a statement to that effect.,
• The location of the key to the invited residence,
• He was told he had to return within two months, otherwise he would be prosecuted by the Turkish authorities.

This will cover the matters for filing a divorce case according to Article 164 of the Civil Code. Upon the request of the spouse entitled to file the case, the spouse who has left will be given a warning with the aforementioned content, stating that they must return to the common residence within two months and warning them about the consequences if they do not return. If necessary, the warning of abandonment can also be made by public notice. (Turkish Civil Code, Article 164, II, paragraph 2)

To initiate a divorce case based on abandonment, the abandoning spouse must be served with a warning four months after the date of abandonment, and a divorce case cannot be filed until two months have passed after the warning. If one spouse abandons the other, and the separation has lasted at least six months and continues, and the warning has been ineffective, the abandoned spouse may file for divorce. A divorce case based on abandonment is filed in the family court of the place of residence of one of the spouses or the place where they last resided together for six months prior to the lawsuit.

The judge presiding over a divorce case is obligated to investigate, on their own initiative, whether all the conditions required for abandonment are met. If, as a result of their investigation, the judge finds that not all of the conditions stipulated in Article 164 of the Civil Code are present, they will dismiss the divorce case; if they find that all of these conditions are met, they will grant the divorce. As mentioned above, the judge does not have the authority to investigate whether the foundations of the marital life have been fundamentally shaken.

For legal advice on this matter, please contact our expert team. Contact page.

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