What is a Divorce Case Due to Abandonment?
According to Article 164 of the Turkish Civil Code, a spouse leaving the shared residence and not returning for at least six months is a sufficient reason to file for divorce due to abandonment. In this case, the intention of the abandoning spouse in abandoning and the length of the abandonment period play a decisive role in the divorce.
Conditions for Filing a Divorce Case Due to Abandonment:
Abandonment of Joint Dwelling: Abandonment means abandoning the residence in which the spouses live together. If one of the spouses goes on a temporary business trip or leaves for a short time to visit family, it is not considered abandonment.
Separation of At least Six Months: The abandoning spouse must not return to the shared residence for at least six months. This period is calculated from the date of abandonment.
Lack of Justified Reason for Abandonment: The abandoning spouse must not have a reason that would justify the abandonment. For example, in cases such as domestic violence or abandonment of the spouse, the abandoning spouse may be considered justified and in this case, a divorce case cannot be filed due to abandonment.
Warning Requirement: A warning must be given to the abandoning spouse through a notary or a bailiff. In this warning, the abandoning spouse is asked to return to the shared residence within a certain period of time. If the spouse does not return within the notice period, a divorce case may be filed due to abandonment.
How to File a Divorce Case Due to Abandonment?
The divorce case due to abandonment is filed in the competent Family Court. The petition must include the identity information of the abandoned spouse, the date and duration of abandonment, the date of notification of the warning, and statements that the abandoned spouse has not returned. In addition to the petition, evidence of service of abandonment and notice must also be submitted.
Case Stages:
Submission of the Petition: The petition and evidence are submitted to the court.
Submission of Response Letter: The abandoning spouse may submit a response letter against the petition.
Seeing Evidence: The court collects the necessary evidence and hears witnesses.
Decision Stage: The court decides by evaluating the collected evidence and the statements of the parties.
Alimony in Divorce Due to Abandonment:
The abandoned spouse may request material and moral compensation and alimony if he is not at fault. Poverty alimony is requested in cases where the abandoned spouse does not have the financial means to earn a living.