Divorce Case Based on Abandonment
PURSUANT TO ARTICLE 164 OF THE TURKISH CIVIL CODE; The spouse who forces the other to leave the common residence is deemed to have ABANDONED them. This spouse CANNOT file a divorce case based on abandonment
Pursuant to Article 164 of the Turkish Civil Code;
If one of the spouses abandons the other with the intent of failing to fulfill the obligations arising from the marital union, or does not return to the common residence without a justifiable reason, and the separation has lasted at least 6 months and is still ongoing, and the warning issued by a judge or notary upon request has yielded no results, the abandoned spouse may file for divorce.
The spouse who forces the other to leave the common residence or prevents them from returning to the common residence without a justifiable reason is also deemed to have abandoned them.
Upon the request of the spouse entitled to file the suit, the judge or notary shall, in a warning issued without examining the merits, warn the abandoning spouse that they must return to the common residence within 2 months and advise them of the consequences that will arise if they do not return. This warning shall be made by public announcement if necessary. However, a request for a warning cannot be made until the 4th month of the specified period for filing a divorce case has expired, and a lawsuit cannot be filed until 2 months have passed following the warning.
If one of the spouses abandons the other with the intent of failing to fulfill the obligations arising from the marital union, or does not return to the common residence without a justifiable reason, and the separation has lasted at least 6 months and is still ongoing, and the warning issued by a judge or notary upon request has yielded no results, the abandoned spouse may file for divorce.
The spouse who forces the other to leave the common residence or prevents them from returning to the common residence without a justifiable reason is also deemed to have abandoned them.
Upon the request of the spouse entitled to file the suit, the judge or notary shall, in a warning issued without examining the merits, warn the abandoning spouse that they must return to the common residence within 2 months and advise them of the consequences that will arise if they do not return. This warning shall be made by public announcement if necessary. However, a request for a warning cannot be made until the 4th month of the specified period for filing a divorce case has expired, and a lawsuit cannot be filed until 2 months have passed following the warning.