Divorce Case Due To Abandonment – Notice
Divorce Case Due to Abandonment
‘Divorce due to abandonment’ is regulated under Article 164 of the Turkish Civil Code and is subject to certain procedural procedures. According to this procedure, ‘Upon the request of the spouse who has the right to file a lawsuit, the judge or the notary public, without examining the merits, warns the abandoning spouse that he/she must return to the common residence within two months and warns about the consequences that will arise if he/she does not return. However, the notice cannot be requested until the fourth month of the specified period for filing a divorce case has expired and the lawsuit cannot be filed until two months have passed after the notice’.
If there is a fact of abandonment at the divorce stage, a warning must be served to the abandoning spouse by meeting certain conditions. The notice must be served through a notary public or the family court.
Notification by the Family Court
In the case of divorce due to abandonment, if one of the spouses has abandoned the common residence without a justified reason or in order not to fulfill his/her obligations regarding the union of marriage, the process of divorce due to abandonment can be initiated. After at least six months have passed since this abandonment, a notice may be served 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 abandoning spouse.
At this stage, in order for the Family Court to issue a warning, the abandoned spouse must make an explicit request. The petition regarding this is registered in the relevant office and filed with the relevant court. The request for a warning is not a lawsuit. The family court may issue the warning by deciding to accept the warning request and it is not possible to appeal this decision. However, it may also give a rejection decision. However, the rejection decision of the court is an appealable decision.
In the notice to be drawn in the divorce case due to abandonment, the Family Court should clearly show the address of the residence to be returned, the time of return to this residence should be clearly written, the potential travel expenses of the invited spouse should be covered and sent with payment at the residence.
First of all, at least 4 months must have passed since the abandonment. As a matter of fact, the warning applications made before 4 months have passed are rejected. In this regard, the judge should investigate the fact of actual abandonment and determine that 4 months have passed.
The notice made by the Family Court due to abandonment must be served to the addressee. In order to file a divorce case due to abandonment, at least 2 months must pass from this notification.
This 2-month period is the period given for the spouse to return home.
Serving the Notice by a Notary Public
The notice to be made can be made by the Family Court or through a Notary Public. As a matter of fact, the abandoned spouse who will apply to the notary must make a written or verbal request and this request must be recorded by the notary. The notary notifies the notice to the person concerned and the first notice is made in line with the principles of the Family Court mentioned above.