{"id":6910,"date":"2021-11-16T09:00:00","date_gmt":"2021-11-16T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=6910"},"modified":"2021-11-20T14:16:02","modified_gmt":"2021-11-20T11:16:02","slug":"terk-sebebiyle-dosanma","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/terk-sebebiyle-dosanma\/","title":{"rendered":"Divorce due to abandonment"},"content":{"rendered":"
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Divorce due to abandonment<\/figcaption><\/figure><\/div>\n\n\n\n

Divorce Due to Abandonment | Lawyer in Izmir<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Divorce due to abandonment, Civil code<\/a>\u2019'un 164<\/em>. This is regulated in Article [number]. According to this article: \u201cIf 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.\u201d<\/p>\n\n\n\n

\u201c"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.".<\/p>\n\n\n\n

If we examine the conditions in the law,<\/em><\/strong><\/em><\/strong><\/p>\n\n\n\n

In order to file a lawsuit based on abandonment:<\/p>\n\n\n\n

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

     To the Spouse Who Abandons<\/strong>with the leader<\/strong>Czech<\/strong> <\/strong>Warning<\/strong>\u00e7<\/strong>plum<\/strong>;<\/strong><\/p>\n\n\n\n