Divorce Based on Desertion

Divorce based on desertion is regulated under Article 164 of the Turkish Civil Code as a special and absolute ground for divorce. According to this article, if one of the spouses abandons the marital obligations without justification or fails to return to the marital home without a valid reason, the other spouse can file for divorce based on desertion.

For a divorce claim based on desertion, the separation must have lasted for at least six months and must still be ongoing. Additionally, upon the request of the abandoned spouse, the court or notary issues a warning notice to the deserting spouse. The warning notice requires the deserting spouse to return to the marital home within two months and informs them of the potential legal consequences of non-compliance.

• The warning cannot be issued until the fourth month of separation.
• After issuing the warning, an additional two-month waiting period is required before filing for divorce.

A spouse who leaves the marital home due to domestic violence cannot be subject to a divorce claim based on desertion. Conversely, the victim of violence can file for divorce at their current location. If a spouse wants to file for divorce based on desertion after leaving home due to violence, they must wait for four months and then request a warning from the court or notary.

If the deserted spouse returns home following the warning but is forced to leave again shortly after, this can still form the basis for a divorce claim. If the returning spouse is not allowed to re-enter the home despite the warning, the claim for divorce based on desertion will be justified.

To succeed in a divorce claim based on desertion, proving the act of desertion is sufficient; there is no requirement to demonstrate that the common life has become unbearable. However, if there is a legal or mutual decision that justifies living separately, a divorce claim based on desertion cannot be pursued.

The warning can be issued by either a family court or a notary public. It must include the clear address of the marital home, the deadline for returning, consequences of non-compliance, and travel expenses. The residence being invited to must be suitable for living, and the two-month period granted by law cannot be shortened.

The residence that the deserting spouse is invited back to must be livable and suitable for common life. If the marital home involves living with in-laws or similar arrangements that caused issues, the spouse may refuse to return. If the four-month desertion period is not completed, or the warning and two-month waiting period are not observed, the divorce claim will be dismissed.

The divorce claim can only be filed two months after the warning is issued. Failure to adhere to the specified periods may lead to the rejection of the claim. While previously the warning could only be issued by family courts, recent amendments have allowed for the use of notaries as well.