Which Courts Have Jurisdiction in Divorce Cases?

Divorce, which means the end of a marriage, is one of the most sensitive and important issues in family law.

Aware of this sensitivity, the Turkish Civil Code (TMK) has introduced special regulations regarding the determination of competent courts in divorce cases. In this article, we will examine in detail which courts are competent in divorce cases and how the competent court is determined.

Determination of Competent Courts

According to Article 168 of the TMK, the competent court in divorce cases is the court of the place of residence of one of the spouses or the place where they last lived together for six months before the case. This rule ensures that the competent court is determined according to where the spouses last lived before the end of their marriage.

What is Place of Residence?

Place of residence is considered a person’s residence. Domicile, on the other hand, is the place where a person lives frequently and continuously. This place can also be described as the center of the person’s family and social relations.

Duration of Residence Together

The place where the spouses last lived together for six months before the end of their marriage is considered the competent court in the divorce case. This rule allows the spouses to file the divorce case in this place if they have lived together for a certain period of time, even in the event of separation.

Things to Consider in Determining the Competent Court:

Where the spouses last lived together
The place of residence of one of the spouses
The place where the spouses last lived together for six months before the case

Change of Competent Court

If the spouses change their place of residence or leave the place where they lived together, the competent court may also change. In this case, the court in the new place of residence or in the place where they lived together before the separation becomes competent.

Spouses Living Abroad

In cases where spouses living abroad file a divorce case, the competent court is subject to different rules. In these cases, the Turkish International Private Law Code (TMÖHK) and relevant international agreements should be taken into consideration.

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