Can I File for Divorce in Turkey? A Guide to Court Jurisdiction for Foreigners and Expats

You're facing the difficult process of divorce, and an international element makes it even more daunting. Perhaps you are a foreign national living in Turkey, or a Turkish citizen residing abroad. The first, most fundamental question you need to answer is: Which country's courts can hear my case? The authority of a court to handle your divorce, known as jurisdiction, is not automatic. This guide provides a clear roadmap to understanding the rules that grant Turkish courts jurisdiction in international divorce cases, helping you start the process on a solid legal foundation.

The Core Rules: When Do Turkish Courts Have Jurisdiction?

The power of a Turkish court to preside over a divorce with a foreign element is governed by Turkey's own laws. The Act on Private International and Procedural Law (MÖHUK) clearly states that international jurisdiction is based on the domestic rules of venue (MÖHUK, Art. 27). This directs us to two key pieces of legislation: the Turkish Civil Code (MK) and the Code of Civil Procedure (HUMK).

The Two Primary Grounds for Jurisdiction

Regardless of your nationality, Turkish law offers two main pathways to file for divorce in Turkey. According to Article 168 of the Turkish Civil Code, a lawsuit is permissible if one of the following conditions is met:

• The Domicile of Either Spouse: The case can be initiated in the court of the place of domicile (yerleşim yeri) of either the husband or the wife.

• The Couple's Last Joint Residence: The case can be filed in the court of the place where the spouses last lived together for a continuous period of at least six months before the lawsuit.

  
  

This framework gives the plaintiff (the spouse initiating the divorce) a strategic choice. It's also worth noting that the general rule of filing at the defendant's place of domicile (HUMK, Art. 9/1) remains an option, but the specific rules in Article 168 are tailored for the realities of marital dissolution.

The Critical Concept of "Domicile" (Yerleşim Yeri)

While the rules may seem simple, the legal definition of "domicile" is where most of the complexity lies. The Turkish Civil Code defines domicile as "the place where a person resides with the intention of staying permanently" (MK, Art. 19). This concept has two parts: the physical act of residing (objective) and the mental "intention to stay permanently" (subjective). It is the court's interpretation of this subjective intent that creates significant hurdles.

A Critical Hurdle: The Court of Cassation's "Double Standard" on Domicile

A deep analysis of judicial precedent reveals a challenging reality: the Turkish Court of Cassation (Yargıtay) has historically applied a different standard when determining the domicile of foreign nationals compared to Turkish citizens. This has profound consequences for establishing jurisdiction.

The Strict Test for Foreign Nationals in Turkey

Turkish courts are exceptionally cautious about recognizing a foreign national's domicile in Turkey. The "intention to stay permanently" is interpreted very strictly. Past rulings have indicated that long-term residence, owning a business, or enrolling children in Turkish schools are not, on their own, sufficient proof of this intent. The courts have even suggested that only a definitive action like applying for Turkish citizenship would suffice. This high bar means that for many foreign nationals, relying on the "last six months of joint residence" rule is a more practical and reliable path to establishing jurisdiction.

The Lenient Presumption for Turkish Citizens Abroad

In stark contrast, the courts often presume that Turkish citizens living abroad, regardless of the duration, retain their legal domicile in Turkey at their place of civil registration. Their life overseas is often viewed as temporary. This legal fiction ensures a Turkish court is almost always available to them but often ignores the reality that their life, family, and social connections are centered elsewhere.

Special Jurisdiction for Turkish Citizens Abroad: The MÖHUK Article 28 Pathway

Turkish law includes a special safety net for its citizens abroad. MÖHUK Article 28 provides a complementary jurisdictional rule for "personal status" matters like divorce, ensuring access to Turkish courts when other options are unavailable.

When Can Article 28 Be Used?

This rule applies only if all the following conditions are met:

• The case involves the personal status (e.g., divorce) of a Turkish citizen.

• The Turkish citizen does not have a domicile in Turkey.

• The lawsuit has not been filed, or could not be filed, in their country of residence.

  
  

If these conditions are met, the case can be heard in Turkey, with the venue determined by a cascading list of locations, ultimately including Ankara, Istanbul, or Izmir. However, the courts' tendency to presume that every Turk has a domicile in Turkey makes this article's practical application very limited.

Frequently Asked Questions (FAQ) on International Divorce Jurisdiction

Is a Turkish residence permit enough to file for divorce in Turkey?

No. A residence permit (ikamet tezkeresi) is an administrative document for legal stay. It does not, by itself, establish a legal domicile (yerleşim yeri) for the purpose of court jurisdiction. You must still meet either the domicile or the six-month joint residence requirement.

My spouse and I are both foreigners. Can we get divorced in Turkey?

Yes, provided you meet the jurisdictional requirements. The most common ground for two foreigners to divorce in Turkey is by filing the case in the court of the place where you last lived together for at least six months.

I am a Turkish citizen living in Germany. Can I file for divorce in Turkey instead of Germany?

Yes. As a Turkish citizen, the courts will likely accept that your domicile is your place of civil registration in Turkey, giving you the option to file here. You also have the option to file in Germany. A divorce decree obtained in Germany would then need to go through a recognition and enforcement process to be valid in Turkey.

Conclusion: Your First Step to a Clear Legal Path

Determining the correct jurisdiction is the most critical first step in any international divorce. The nuanced rules, especially the complex interpretation of "domicile," require careful and expert navigation. Whether you are a foreign national in Turkey or a Turkish citizen living abroad, understanding your options for court jurisdiction protects your rights and prevents costly procedural errors. For guidance on this complex process or for an evaluation specific to your situation, seeking professional legal counsel is essential to ensure your case begins on a secure footing.