26 Mar FILING FOR DIVORCE DUE TO ABANDONMENT-WARNING
Filing for Divorce Due to Abandonment
164 of the Turkish Civil Code ’Divorce due to abandonment’. It is regulated in the Article and is subject to certain procedural actions. According to this procedure, ‘At the request of the spouse entitled to the case, the judge or notary shall warn the spouse who has left the case that he should return to the common residence within two months and the consequences that will arise if he does not return, at the warning that he will make without examining the merits.However, a warning cannot be requested unless the fourth month of the specified period for filing for divorce has expired, and a lawsuit cannot be filed until two months have passed after the warning,’it was said.
If there is a phenomenon of abandonment at the stage of divorce, a warning should be issued to the spouse who has left with the provision of certain conditions. The notice must be withdrawn through a notary or family court.
Execution of the Warning by the Family Court
In the case of divorce due to abandonment, the process of divorce proceedings may be initiated due to abandonment if one of the spouses has left the common residence for no justifiable reason or for non-fulfillment of their obligations to the marriage union. After at least six months have elapsed since this abandonment process, a warning may be issued to the spouse who has left with the application and request of the spouse who has been abandoned. The purpose of the warning is to explain the consequences of divorce due to abandonment to the spouse who has left the house.
At this stage, in order to be warned by the family court, the abandoned spouse must make an explicit request. A petition for this is registered with the relevant office and filed with the relevant court. A request to withdraw a warning is not a lawsuit. The family court may withdraw the warning by making a decision to accept the request for a warning, and it is not possible to appeal this decision. But he can also make a refusal decision. However, the rejection decision made by the court is an appellable decision.
The Family Court should clearly indicate the address of the residence to be returned, the period of return to this residence should be clearly written, the potential travel expenses of the invited spouse should be covered and sent to the residence.
As a matter of priority, at least 4 months must have passed since the abandonment process took place. As a matter of fact, applications for a warning made no later than 4 months are rejected. In this regard, the judge should investigate the fact of actual abandonment and determine that 4 months have passed.
It is necessary to notify the addressee of the warning made by the Family Court due to abandonment. In order to file for divorce due to abandonment, at least 2 months must elapse from this notification.
This 2-month period is the time given for the return of the spouse who has been warned to return home.
Execution of the Warning by a Notary
The warning to be made can be made by the Family Court as well as through a Notary public. As a matter of fact, the abandoned spouse, who will apply to a notary, must make a written or oral request, and this request must be notarized. 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.
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