THE NECESSARY CONDITIONS FOR FILING A DIVORCE DUE TO ABANDONMENT
Abandonment is the separation of a spouse from a common life and is one of the reasons for an absolute divorce. Since abandonment is one of the reasons for an absolute divorce, the judge does not need to investigate whether the joint life has become unbearable for the other spouse because of the abandonment. 164 of the Turkish Civil Code (“TCC”) on divorce due to abandonment. in the article: ”in order to fulfil the obligations arising out of the marriage if one spouse by the other without a justifiable reason does not turn or abandoned public housing if it lasted at least six months of separation, and this situation continues, and upon request made by the judge for a reminder, if inconclusive, the deserted wife may file for a divorce. The spouse who forces the other to leave the common residence or prevents him from returning to the common residence for no justifiable reason is also considered to have left. At the request of the spouse entitled to the case, the judge warns the spouse who has left the case that he should return to the common residence within two months at the warning he will make without examining the merits and warns about the consequences that will arise if he does not return. This warning is made by announcement when necessary. However, a notice cannot be requested unless the fourth month of the specified period for filing for divorce has expired, and a case cannot be filed unless two months have elapsed after the notice. it is arranged as ”.
In order for the court to decide on a divorce due to abandonment, it is necessary that the following conditions have been met:
The Necessary Conditions for Filing a Divorce Due to Abandonment:
Termination of a joint life by one of the spouses in order not to fulfill their obligations arising from the marriage union:
This condition occurs if one of the spouses leaves the common life in order not to fulfill the responsibilities imposed on him by marriage, or does not return home for a justifiable reason, although he has not left home for this purpose. Since abandonment is an imperfect reason for divorce, it is not possible to file for divorce for a justifiable reason, for example, for a spouse who goes abroad for work, for a spouse who goes to the military, for abandonment in terms of a spouse who goes to the military. The spouse’s goal should be to leave the other spouse. However, if the spouse who leaves the house for another reason and not for the reason of abandonment at first does not return home for a justified reason later, this condition will also be fulfilled if he does not return home.
The fact that the abandonment lasted at least six months:
If one of the spouses leaves the other for the purpose of ending their joint life and not fulfilling their obligations arising from the marriage union or does not return to the common residence for no justifiable reason, the abandoned spouse cannot immediately file for divorce. In order for a divorce case to be filed, it is necessary that the separation has lasted at least six months and is ongoing. However, returning home once in a while just to Decapitate the time within a six-month period does not cut the time, but sincere homecomings do cut the time. If the same spouse leaves the joint residence again after a while, a new six-month period will begin to operate from this date.
A warning has been sent:
In order for a divorce to be decided due to abandonment, the spouse who has left the house must be warned by a judge or notary to return home within two months at the end of the fourth month following the abandonment event, and the spouse who has left must not return home despite this warning. However, if the warning sent by the judge does not give the spouse who has left the house the time to return home is not specified, the warning does not have consequences. If the abandoned spouse’s address is unknown, a warning can be made via an ad.
Objections related to the warning are examined together with the divorce case. Objections, such as whether there are the necessary conditions for a warning, can be raised while a divorce is pending. In this way, the spouse who has left the house must prove that he is right not to leave but not to return, otherwise a divorce may be decided.
If the above conditions are met, the right to file for divorce due to abandonment arises. The judge will personally investigate whether the conditions exist. If the circumstances have been met, he decides to divorce.
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