Divorce Proceedings on the Grounds of Abandonment
Article 164 of the Turkish Civil Code regulates the issue of ‘divorce due to abandonment’ and is subject to specific procedures. According to this procedure, ‘upon the request of the spouse entitled to file the case, the judge or notary, without examining the merits of the case, warns the abandoning spouse to return to the shared residence within two months and informs them of the consequences that may arise if they fail to do so. However, a notice of abandonment cannot be requested until the fourth month of the specified period has elapsed, and a divorce case cannot be filed until two months have passed after the notice is issued.”
If abandonment occurs during the divorce process, a warning must be issued to the abandoning spouse, specifying certain conditions. This warning must be issued through a notary or the Family Court.
Warning to Be Issued by the Family Court
If one spouse abandons the shared residence without a valid reason or with the intent of failing to fulfill their obligations regarding the marital union, a divorce case may be filed on the grounds of abandonment. At least six months after the date of abandonment, upon the application and request of the abandoning spouse, a warning may be sent to the abandoning spouse. The purpose of this warning is to explain the consequences of divorce due to abandonment to the spouse who left the home.
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At this stage, the abandoned spouse must file a clear request with the Family Court to have the warning issued. The petition regarding this is registered with the relevant office and submitted to the court. A request to withdraw the warning is not a separate cause of action. The Family Court may accept the request for the warning and withdraw it; this decision is final and cannot be appealed. However, the court may also decide to reject the warning. However, an appeal may be filed against the court’s decision to reject the request.
In cases of divorce due to abandonment, the Family Court must clearly specify the residence address to which the spouse is to return, clearly state the timeframe for returning to that residence, cover the invited spouse’s potential travel expenses, and send this amount to be paid at the residence address.
First and foremost, at least four months must have elapsed since the abandonment occurred. Indeed, requests for a warning made within a period of less than four months are rejected. In this context, the judge must examine the fact of abandonment and determine that four months have passed.
Due to the abandonment of the marriage, the notice issued by the Family Court must be served on the other party. To file for divorce on the grounds of abandonment, at least two months must have passed since this notice was served.
This two-month period is the time allotted for the spouse to return home.
Notification by a Notary
The notification may be made through the Family Court or a notary. In fact, the abandoned spouse must submit a written or oral request to the notary, and this request must be presented to the notary. The notary also notifies the relevant party of the warning, and the first warning is issued in accordance with the principles of the Family Court outlined above.