Desertion

Istanbul Divorce is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our divorce attorneys assist clients in cases for divorces because of desertion in Turkey. Our family lawyers prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated contested divorce in Turkey with significant property and children. Our divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony, compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.

Istanbul Divorce is an award winning and successful Turkish family law firm that specialize in Family Law. Our Turkish divorce lawyers have an outstanding success record with over 90% of cases successful in Court in 1992 to date. We know our law, our lawyers care about your case and we will stop at nothing to make sure you are safely taken to the next chapter of your life with maximized results and minimized damage.

Turkish Grounds for Divorce: Desertion

Turkish Grounds for Divorce

Section 164 of the Turkish Civil Law Code orders that if one of the spouses has deserted the other in order to refrain from his/her matrimonial obligations or due to an unjustified reason and has not come back for minimum six months, the separation is still going on, and the legal notice sent by the court to the deserter spouse upon an application by the other spouse remains unanswered, the other spouse will be entitled to file a lawsuit for divorce.

The term “desertion” is defined as termination of the spouses’ union. A spouse’s leaving of the other spouse to serve conscription-based military service, to serve time of imprisonment, sickness, business trip or for other similar reasons will not be considered desertion. The other spouse will be entitled to apply to the court for serving of a legal notice on the deserter spouse after six months elapsed as from the date of desertion. The said legal notice will invite the deserter spouse to come back and notify the sanctions to be enforced if he/she refuses to come back. This legal notice will ask the deserter spouse to come back within two months.

If the deserter spouse does not come back within said legal period, the other spouse will be entitled to serve a second legal notice on the deserter spouse, provided that such second legal notice can only be served after six months (including the period of two months granted to the deserter spouse to come back) have elapsed from the date of the first legal notice. If the deserter spouse is abroad, this legal notice must be sent to his/her address abroad.

If you live outside of Turkey, and are looking for a family attorney to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live in abroad but have children or divorce matters in Turkey. We understand the frustration that a long distance legal battle can cause and will do all we can to limit your travel expenses and win your case.

Turkish Legal Grounds for Divorce

Legal grounds for dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law Code define those legal grounds as follows: the special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, mental disease; the general legal grounds are incompatibility, coming to a mutual agreement on divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court. Once a Family Court makes its decision, it can be appealed at First Instance Appeal Court (Bolge Istinaf Mahkemesi) after that it can be appealed at Turkish Supreme Court (Yargitay).

Reach us for Grounds for Divorce: Desertion

Turkish divorce process can be complicated and drawn out, especially for parents and high-net-worth individuals. Divorcing couples must take many steps to reach for a divorce. If you are seeking legal representation in your divorce, our lawyers will guide you through the process. Since its foundation in 1992, Istanbul Divorce Turkish Family Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized family lawyers, our firm is now one of the leading family law firms in Turkey. You may reach us for divorces because of desertion in Turkey through our Contact page.