Where Is a Divorce Case Filed

The Distinction Between the Court with Subject-Matter Jurisdiction and the Court with Territorial Jurisdiction in a Divorce Action

There are two basic legal concepts that determine where a divorce action will be filed: subject-matter jurisdiction and territorial jurisdiction. Although these two concepts are often confused, they are entirely different from each other.

• Court with Subject-Matter Jurisdiction: This is the rule that specifies which type of court will hear a subject of dispute by reason of its nature. For example, while a criminal case is heard by the criminal courts, an action for the recovery of a receivable is heard by the civil courts.
• Court with Territorial Jurisdiction: This is the rule that specifies which of the courts of the same type will hear the action geographically. For example, the fact that a court in Istanbul cannot hear a divorce action in Ankara falls within this scope.

For a sound and economical action process, it is essential that the action be filed in a court having both subject-matter and territorial jurisdiction.

The Court with Subject-Matter Jurisdiction in Divorce Actions

In Türkiye, the courts with subject-matter jurisdiction to hear divorce actions are the Family Courts. All disputes arising from family law are heard in the Family Courts, which are specialised in this area. However, there may not be a separate Family Court at every courthouse. In this case, the answer to the question of which court divorce actions are filed in changes: in places where no Family Court has been established, these actions are heard by the Civil Court of First Instance "in its capacity as a Family Court". This means that the action is still heard as a family law action and that, although the name of the court hearing it is "Civil Court of First Instance", the procedural rules of the Family Court are applied.

The Court with Territorial Jurisdiction in a Divorce Action (TMK Art. 168)

After subject-matter jurisdiction has been determined, the most important step is to identify the court in the correct geographical location, that is, the court with territorial jurisdiction. The court with territorial jurisdiction in divorce is specifically regulated in Article 168 of the Turkish Civil Code No. 4721.

This article grants the claimant a right of choice. Accordingly, a divorce action may be filed in one of the following places:

1. Court of the Domicile of One of the Spouses: The claimant spouse may file the action with the Family Court of their own domicile (the place where their residence is located). Likewise, the claimant also has the right to file the action with the Family Court of the respondent spouse's domicile.
2. Court of the Place Where the Spouses Last Lived Together for Six Months: The Family Court of the place where the spouses last lived together continuously for six months before the divorce action was filed also has jurisdiction to hear the action.

These rules of jurisdiction apply to contested divorce actions. In actions for divorce by mutual consent, on the other hand, since the parties are in agreement, there is latitude as regards jurisdiction and the action may be filed at any courthouse in Türkiye.

The Process of Filing a Divorce Action

Once the correct court has been determined, the process of filing the action begins. This process consists of several steps, from the preparation of the petition to its submission to the court.

How Is a Divorce Petition Written?

The foundation of a divorce action is the statement of claim. Preparing the petition lawfully and completely is of critical importance for the course of the action. The mandatory elements of a divorce petition are regulated in Article 119 of the Code of Civil Procedure (HMK):

• Name of the Court: (e.g.: To the Adana Family Court on Duty)
• Details of the Parties: The names, surnames, Turkish identity numbers and addresses of the claimant and the respondent.
• Subject of the Action: (e.g.: It consists of a request for divorce on the ground of the fundamental breakdown of the union of marriage.)
• Explanations (Facts): This is the section in which the events that led to the divorce are set out clearly, precisely and in chronological order.
• Legal Grounds: The statutory provisions relied on (TMK Art. 166, etc.).
• Legal Evidence: A list of the evidence that will prove the allegations (list of witnesses, message records, photographs, examination by a court-appointed expert, on-site inspection, etc.).
• Conclusion and Relief Sought: This is the section in which what is requested from the court (divorce, custody, maintenance, compensation, etc.) is stated clearly.
• Signature: The wet-ink signature of the claimant or of their representative.

Having the petitions to be written in a divorce action prepared by a lawyer with experience in this area is of vital importance for preventing losses of rights, since the Family Courts, being subject to the HMK, are subject to very strict procedural and formal requirements. An error made in the statement of claim and/or the statement of defence may lead to irreversible losses of rights that may directly affect the course and outcome of the action.

Documents Required for Divorce

There are some basic documents that are required to be attached to the petition when filing the action:

• The statement of claim for divorce (in a sufficient number of copies)
• Photocopies of the identity cards of the claimant and the respondent
• A lawyer's power of attorney, if any
• In a divorce by mutual consent, the protocol for divorce by mutual consent signed by the parties
• In a contested divorce, a list of the evidence supporting the allegations and copies of the available evidence

Filing a Divorce Action via the e-Government Gateway (UYAP)

Today it is also possible to file an action without going to the courthouse. However, an action cannot be filed directly through the e-Government Gateway (e-Devlet, the state's online public services portal). The action is filed through the UYAP (National Judiciary Network Project, Ulusal Yargı Ağı Projesi) system of the Ministry of Justice. Citizens who hold an e-signature or mobile signature may file an action by logging in to the UYAP Citizen Portal (UYAP Vatandaş Portalı, the online judicial portal for citizens) with their e-Government Gateway password.

Steps for filing an action through UYAP:

1. The statement of claim and the evidence are prepared in .UDF format with the UYAP Document Editor (UYAP Doküman Editörü) and signed with an e-signature.
2. The UYAP Citizen Portal is accessed.
3. The relevant court (Family Court) is selected from the "Filing an Action" (Dava Açılış) menu.
4. The prepared petition and evidence are uploaded to the system.
5. The required fees and costs are paid online.
6. When the procedure is completed, the system assigns a file number and the action has been filed.

Since this process requires technical knowledge, persons considering filing a divorce action without a lawyer are advised to be careful, or to obtain support from a professional, so as not to suffer a loss of rights.

Situations That May Arise in the Divorce Action Process

What Is Contested Divorce?

Contested divorce is the type of action in which the parties cannot agree on the divorce or on the consequences of the divorce (custody, maintenance, compensation, etc.). In these actions, the parties are obliged to prove their allegations with evidence, and the process is much longer and more complex than divorce by mutual consent. The procedure for filing a contested divorce action is the same as the general procedure for filing an action described above; however, the grounds for divorce and the evidence should be explained in detail in the petition.

What Happens If I Do Not Attend the Divorce Action?

Not attending the hearings has different consequences for the parties to the action.

• If the Claimant Does Not Attend: If the claimant, despite being duly summoned, does not attend the hearing and is not represented by a lawyer either, the case file is removed from the list of pending cases where the respondent does not pursue the action either. An action that is not renewed within 3 months is deemed not to have been filed.
• If the Respondent Does Not Attend: If the respondent does not attend the hearing, the action continues in their absence. In this case, the respondent cannot effectively exercise the right of defence and the right to object to the evidence, and adverse consequences may arise for them.

For this reason, it is of great importance that a party wondering "what happens if I do not attend the divorce action" attends the hearings or has themselves represented by a lawyer, so as not to suffer a loss of rights.

If you are represented by a representative (a lawyer) in any action, including a divorce action, you should also ask your lawyer whether or not you will attend the hearing of your action. Since your lawyer is directly involved in and in control of the process, your lawyer will tell you whether or not you need to attend the hearing. At this point, in order to ensure that the strategy established by your lawyer proceeds soundly, you are advised to put the question directly to your lawyer and to rely on the answer given.

Other Matters in the Divorce Process

• The Rental Agreement in the Event of Divorce: In a rented house used as the family home, whichever spouse the rental agreement is in the name of, the agreement cannot be terminated without the other spouse's consent. The judge may decide who will remain in the home after the divorce and, if necessary, may request that the party to the rental agreement be changed.
• Fee for an Action for Divorce by Mutual Consent: The costs of a divorce action consist of court fees, service of process expenses and, if any, court-appointed expert fees. For 2025, these costs are on average around 5.000 to 10.000 TL; the fee may reach much higher amounts depending on the nature of the action. The lawyer's fee, on the other hand, is set by mutual agreement between the lawyer and the client, according to the recommended tariffs of the bar associations and the nature of the action.

The divorce process is an important process that involves many legal details and shapes the future of the parties. In this process, obtaining support from a legal professional experienced in the field, such as an Adana Divorce Lawyer, may help the process to be managed correctly and losses of rights to be prevented. What matters is to work with a professional who has experience in family law, who can communicate properly with the client and who follows the process meticulously.