Divorce Proceedings Due To Abandonment
’ Divorce due to abandonment ‘ 164 of the Turkish Civil Code. It is regulated in the article and is subject to certain procedural procedures. According to this procedure, ‘at the request of the spouse who is entitled to the case, the judge or notary warns the spouse who leaves in the warning that he will make without examining the merits that he must return to the common residence within two months and the consequences that may arise if he does not return.However, a notice cannot be requested unless the fourth month of a certain period to file for divorce expires, and a lawsuit cannot be filed unless two months pass after the notice.
If there is a case of abandonment at the stage of divorce, a warning should be taken to the Leaving spouse with the provision of some conditions. The notice must be withdrawn through a notary or family court.
To Be Made By The Family Court Of The Warning
In a divorce case due to abandonment, the divorce proceedings may be initiated due to abandonment if one of the spouses has left the joint residence unless there is a justifiable reason or in order to not fulfill his obligations related to the marital union. After at least six months have passed since this abandonment, a warning may be withdrawn to the abandoning spouse upon the application and request of the abandoned spouse. The purpose of the notice is to explain the consequences of divorce due to abandonment to the spouse who has left the House.
At this stage, the abandoned spouse must make an open request in order to be cautioned by the Family Court. The petition related to this is registered with the relevant office and made to the relevant court. A request to withdraw a warning is not a case. The family court can withdraw the notice by deciding to accept the notice request, and it is not possible to appeal this decision. But he can also decide to refuse. But the court’s decision on refusal is a decision that can be appealed.
In case of divorce due to abandonment, the Family Court must clearly show the address of the residence to be returned, the period of return to this residence must be clearly written, the potential travel expenses of the invited spouse must be covered and must be sent to pay in the residence.
As a priority, at least 4 months have passed since the abandonment process took place. As a matter of fact, applications for warnings made without exceeding 4 months are rejected. In this regard, the judge should investigate the actual phenomenon of abandonment and determine that 4 months have passed.
Due to abandonment, the warning made by the Family Court must be communicated to the interlocutor. In order to file for divorce due to abandonment, at least 2 months must pass from this notification.
This 2-month process is the time given for the wife to return home.
Notification By A Notary
A notice to be made can be made by the Family Court or through a notary. As a matter of fact, the abandoned spouse who will apply to the notary must make a written or oral request, and this request must be submitted to the notary. The notary also notifies the Relevant Person of the warning, and the first warning is made in accordance with the principles mentioned above of the Family Court.
