Which court has jurisdiction in divorce cases? Where should a divorce case be filed?

Competent Court in Divorce Cases | Where Should a Divorce Case Be Filed? | Family Law | Divorce Case | Divorce Lawyer

Parties Authorized to File for Divorce

In a divorce case, the party initiating the proceedings is usually the aggrieved party due to the grounds for divorce, while the defendant is the spouse who caused these grounds for divorce.

The right to initiate divorce proceedings is considered a personal right. Only spouses who are married have the capacity to exercise this right.

Court with jurisdiction over divorce cases.

The first thing to determine when filing for divorce is which court has jurisdiction; Law on the Establishment, Duties and Trial Procedures of Family Courts Within the scope of the Turkish Civil Code, Family Courts are designated as competent courts for disputes arising from Family Law, which also regulates divorce proceedings. Therefore, any divorce case you intend to file must be submitted to the competent family court.

The duties of family courts

Article 4– Family courts handle the following cases and matters: Cases and matters arising from family law according to the Second Book of the Turkish Civil Code, excluding the Third Part, dated 22.11.2001 and numbered 4721, and the Law on the Entry into Force and Application of the Turkish Civil Code, dated 3.12.2001 and numbered 4722,(2) Recognition and enforcement of foreign court decisions relating to family law according to the Law on International Private Law and Procedural Law, dated 20.5.1982 and numbered 2675, Other duties assigned by laws..

Law on the Establishment, Duties and Trial Procedures of Family Courts

Court with Jurisdiction in Divorce Cases

One of the important issues to determine when filing for divorce is the court where the case will be filed; according to the Turkish Civil Code, it can be filed in the court of the place of residence of one of the spouses or in the court of the place where they lived together for the last six months.

II. Authority
Article 168– In divorce or separation cases, the competent court is the court of the place of residence of one of the spouses or the court of the place where they last resided together for six months prior to the lawsuit.

Turkish Civil Code

The competent court if the parties reside abroad.

Although the province of residence is chosen as the court to be heard in the case, if the parties are located abroad, the cases can be filed in Istanbul, Ankara, and Izmir.

Cases concerning the personal status of Turks
ARTICLE 41 – (1) Cases concerning the personal status of Turkish citizens shall be heard in the competent court in Türkiye, if not filed or cannot be filed in foreign courts, or if there is no competent court in Turkey, in the court of the place where the person resides, or if the person does not reside in Türkiye, in the court of the last place of residence in Türkiye, or if there is no competent court in Turkey, in one of the courts of Ankara, Istanbul or Izmir.

Law on International Private Law and Procedural Law

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