The marriage union imposes an obligation on the spouses to establish a common life under the same roof and to share the responsibilities of this life. However, due to disagreements during the marriage, sometimes one of the spouses may leave the common residence or unfairly prevent the other spouse from returning home. According to the Turkish Civil Code, this situation "Divorce Case Due to Abandonment" It is a special and absolute ground for divorce called .
If your spouse has left the house and you are wondering what steps you need to take legally, in this updated guide, we explain in the simplest language all the details, deadlines and your rights you need to know throughout the process.
1. Is Every Leaving Home Considered "Abandonment"? (Difference between Just and Unjust Separation)
In order to file a divorce case based on legal abandonment, the spouse's departure from home must be "unfair" and "without excuse". If the spouse has a logical and legal reason to leave the home, this is not considered abandonment.
The table below clearly shows which situations the courts consider as a legal "abandonment" and which they consider as a "justifiable excuse":
| Status | Is It Considered Legally Abandonment? | Description |
|---|---|---|
| Leaving home to escape responsibilities | Yes (Unfair Abandonment) | Leaving the house in order to avoid the obligations of the marriage union is legal abandonment. |
| Violating the spouse and kicking him out of the house | Yes (Abandonment) | The party who violently pushes his/her spouse away from home or does not let his/her spouse into the house by changing the lock on the door is considered to be a legal abandoner. |
| Leaving due to violence or threat to life safety | No (Justified Separation) | If there is physical or severe psychological violence at home, it is a justified excuse for the violent spouse to leave the house. |
| Temporary separations due to military service, treatment or work | No (Excused Separation) | Temporary separation due to public duty, military service, compulsory treatment or work does not constitute the act of abandonment. |
| Living separately while there is an active divorce case | No (Legal Right) | If there is an ongoing divorce case between the spouses, it is the legal right of the parties to live separately during the case. |
2. Divorce Case Due to Abandonment Process Table (Millimetric Times)
Divorce cases filed due to abandonment are highly technical cases that require accurate calculation of the periods stipulated in the law. Missing or incorrectly calculating the deadlines by even one day will result in the case being rejected directly by the court.
Here's what you need to follow legally 4-Step Abandonment Process Chart :
| Stage | Mandatory Period | Things to Do and Rules of Procedure |
|---|---|---|
| 1. Waiting Time | At least 4 Months | It is mandatory to wait at least 4 months from the day the spouse leaves the house to send an official warning to him/her. |
| 2. Official Warning | Momentary | After the 4-month period expires, an official "Return Home" notice is sent to the spouse through the notary or the family court. |
| Waiting for Turn 3 | At least 2 Months (60 Days) | After the notice is notified to the spouse, he/she must legally be given at least 2 months (60 days) to return home. |
| 4. Filing of the Case | Total 6 Months | If the spouse does not return home after 2 months from the notification, the right to file for divorce due to abandonment is gained. |
3. Risks to Consider When Sending a "Come Home" Warning
Some strict conditions are required for the notice you will issue to invite your spouse home to be considered legally valid. Mistakes made at this stage may lead to loss of rights:
- The House Must Be Ready for Living: The joint residence you invited is ready for occupancy; Basic needs such as electricity, water and heating must be met.
- Independent Housing Condition: You cannot invite your spouse to a house where you live with your own parents or third parties; The invited house must be an independent family residence.
- You Must Pay Travel Expenses: You must send the travel and accommodation expenses (bus/plane ticket costs) of the spouse who will return home in advance via PTT or bank (IBAN) and indicate this in the notice. You should also clearly write down where to find the house key so that your spouse is not left at the door when he comes home.
- Most Critical Risk (Forgiveness of Previous Defects): According to the Supreme Court decisions, the moment you send a "come home" warning to your spouse, you are deemed to have forgiven or at least tolerated all his/her faulty behavior before that date (for example, past acts of cheating, insulting or violence). For this reason, after warning, you cannot file for divorce on a different basis based on your spouse's past faults.
In order not to make mistakes in this critical process, we have a company that provides active service in locations such as Şişli, Mecidiyeköy and Fatih. Istanbul Divorce Lawyer The best approach would be to draw your road map by working with .
What evidence is used in a divorce case due to abandonment?
The most important issue in the divorce case due to abandonment is to prove that the spouse left the common residence without a justified reason and did not return home despite a proper warning. Therefore, before filing a lawsuit, evidence must be prepared showing the date of abandonment, that the notice has been served, that the joint residence is ready for living, and that the return of the invited spouse is actually possible.
One of the most basic evidence in these cases is the "return home" notice sent through the notary or the family court. Just sending the warning is not enough; The warning must also be duly notified to the abandoning spouse. For this reason, the notification memorandum, notary notice, PTT records and, if any, documents related to the notification made through announcements are of great importance in the case file.
It must also be proven that the joint residence is ready for the spouse to return to. It is important that the house is an independent family residence, that basic needs such as electricity, water and natural gas are met and that the spouse can enter when he comes home. These issues can be supported by the rental agreement, title deed record, invoice records, apartment attendant or neighbor witnesses, key delivery information and the content of the notice.
The bank receipt, PTT payment document or transfer statement stating that the travel and accommodation expenses of the spouse who is asked to return home have been sent must also be included in the file. Because the warning sent without covering the necessary expenses for the abandoned spouse to return home may be considered invalid by the court.
In addition, messages between the parties, witness statements, law enforcement records, restraining orders, if any, and previously opened divorce or precautionary files may also be important. Especially if the abandoning spouse claims that he/she left the house due to violence, threats or a justified reason, concrete evidence must be demonstrated against these claims that there are safe and independent living conditions in the shared residence.
4. Compensation, Alimony and Custody in Divorce Case Due to Abandonment
When the case filed for abandonment is accepted, the court directly decides on divorce. Once the divorce decision becomes final, the financial and personal consequences become clear:
- Material and Moral Compensation: A spouse who leaves the shared residence without a justified reason and does not return despite being warned is considered "fully at fault" in the divorce process. In this case, the court awards appropriate material and moral compensation in favor of the other aggrieved spouse.
- Alimony Right: The party who caused the divorce through his own fault by leaving the house without an excuse cannot claim alimony in his favor because he is more seriously at fault. However, it is decided to pay child support for the maintenance of joint children.
- Custody of Children: When determining the custody of children, the child's best interests, age, educational status and need for parental affection are taken into consideration rather than the fault of the spouses.
What Happens If the Abandoned Spouse Returns Home?
In order to file a lawsuit for divorce due to abandonment, the abandoning spouse must not have returned to the common residence within the period given to him, despite the proper warning. If the abandoning spouse sincerely returns to the shared residence within the legal period after the notice is notified to him/her, the conditions for filing a divorce case based on the reason for abandonment are not met.
However, what is important here is that the return is real and sincere. If the spouse comes home for a short time only to prevent a lawsuit, does not actually re-establish the joint life, or leaves the house again after a few days, the situation should be evaluated separately. The court examines whether the spouse's return indicates the will to continue the marital union, according to the characteristics of the concrete case.
If the abandoning spouse returns home and the parties start living together again, the previous abandonment process may lose its legal significance to a large extent. In this case, if the abandonment occurs again later, the periods must be calculated from the beginning according to the new abandonment date and the warning process must be run again, if necessary.
On the other hand, if the house where the call to return home is made is not suitable for living, if it does not qualify as an independent family residence, if there is a risk of violence or serious pressure at home, or if the warning is not sincere, it may be justified for the abandoning spouse not to return home. For this reason, in an abandonment case, merely sending a warning is not enough; The invited residence must be truly suitable for maintaining a common life.
5. Frequently Asked Questions (FAQ)
My wife left the house, can I file for divorce immediately?
No. By law, the period of separation of spouses must last uninterruptedly for at least 6 months and a "return home" notice must be duly notified during this period. Cases filed directly before these periods expire are rejected by the court due to procedural reasons.
How can a warning be issued to a spouse whose address is unknown or who has gone abroad?
If the whereabouts of the spouse who left the house is unknown or if he/she has gone abroad, notification of the notice is carried out through announcement (published in newspapers or online news sites). Legal periods begin to run with the publication of the announcement.
Is a "come home" call made via SMS or WhatsApp valid in court?
No. Verbal invitations, phone calls, WhatsApp correspondence or SMS do not legally replace a warning. Be sure to warn Notary via or directly Family Court It is a legal obligation to withdraw and notify via .
Are there monetary limits for appeal and appeal in a divorce case due to abandonment?
Yes, there are legal limits in terms of financial demands. However, no monetary limit is applied to claims for non-pecuniary damages; Regardless of the amount, direct appeal can be filed.
| Legal Road Border Type | 2025 Limit (₺) | 2026 Limit (₺) (In force) |
|---|---|---|
| Limit of Appeal in Civil Cases | 40,000 ₺ | 50,000 ₺ |
| Appeal (Supreme Court) Limit | 544,000 ₺ | 682,000 ₺ |
| Hearing Limit on Appeal | 816,000 ₺ | 1.023.000 ₺ |
Professional Legal Support and Roadmap
Divorce cases due to abandonment are highly technical processes that require millimetric calculation of durations and formal conditions, and the slightest procedural error can directly lead to rejection of the case. It is vital that you receive professional support in order to avoid loss of rights, prepare the notice perfectly and complete your process as quickly as possible.
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