If the Spouses Live in Different Cities, Where Is the Divorce Case Filed?

When one of the spouses moves to another city because of work, or when a couple begins to live apart, the first question that usually comes to mind is "in which city is the divorce case filed." This question produces more practical consequences than it appears, because a case filed in the wrong place is not merely a procedural error but at the same time means a loss of time and expense. Especially in situations such as relocation, working away from home, or life abroad, minds can become confused.

Instead of repeating the general rule of competence, concrete scenarios frequently encountered in the field are brought to the fore: what happens if one of the spouses lives in a different province, which court someone who has newly relocated should choose, how domicile is proven, and what costs a case filed before the wrong court gives rise to. The aim is to help you clearly determine the right city and the right court before filing the case.

If the Spouses Live in Different Cities, Where Is the Case Filed?

The situation most frequently encountered in practice is that one of the spouses has moved to a different city while the marital union continues. In such a picture the claimant may file the case before the Family Court in the city where their own domicile is located; in which city the other party resides does not prevent this choice. In other words, a spouse living in Izmir can file their case in Izmir even if their spouse is in Ankara or Antalya.

The important point here is that "domicile" is not merely the address in the population register. The city actually and continuously resided in is taken as the basis. For this reason, even if your population register still appears in the old city, if you in fact live in another city, your right to file a case arises before the court in the city where you are located. This situation provides great practical convenience for people who have newly relocated.

Which Court Should the Newly Relocated Spouse Choose?

For a spouse who has recently moved to another city, the question turns into this: should the case be filed before the court in the new city, or before the court in the city where the spouses previously lived together? Here the law grants the claimant a right of choice. The two options are generally valid at the same time:

• New domicile. If the relocation is of a permanent nature and the person now lives continuously in that city, the case may be filed before the court of the new city.
• The place last resided in together for six months. The spouses may also file the case in the city where they spent the last six months together before the case; this option is especially useful if the relocation has occurred recently.

From a practical standpoint, which option is preferred may vary according to factors such as where the evidence is located, the city in which the witnesses reside, and ease of access. Since this choice can directly affect the course of the case, if the relocation has occurred recently, evaluating the situation together with a lawyer generally yields a healthier result.

What Happens If One of the Spouses Lives Abroad?

If one of the spouses has moved abroad for the purpose of work, education, or permanent settlement, the matter becomes somewhat more layered. As a general rule, the spouse who is a Turkish citizen and lives abroad may file the case in the city where their last domicile in Turkey is located. If the other spouse continues to remain in Turkey, the city where they are located is also considered as an option.

Where one is married to a spouse of foreign nationality, on the other hand, the question of whether the Turkish courts can hear this case (international competence) first comes onto the agenda; cases filed without this determination carry a procedural risk. The service-of-process procedures for parties living abroad may also take longer than domestically, and for this reason it is recommended that this difference in time be taken into account when planning the case.

In cases where service must be effected through the consulate, the process may be extended by several months; for this reason, pre-case time planning gains additional importance in files with a foreign connection. If one of the parties comes to Turkey at certain intervals, matching the hearing dates with these visits is also a method preferred in practice.

What Happens If Both Spouses File Cases in Different Cities at the Same Time?

In some situations, the spouses may, unaware of each other, file divorce cases at the same time in different cities. When such an overlap occurs, the courts take as the basis which case was filed first; the case filed later generally meets with a plea of "lis pendens," and its consolidation with the first-filed file or its dismissal may come into question. This situation aims to prevent the same dispute from being heard twice in two different cities.

The most practical way to prevent such an overlap is to investigate, before filing the case, whether the other party has initiated a case. Especially where communication has broken down between couples living apart, reaching this information can become difficult; in such situations, a preliminary investigation carried out through a lawyer via the UYAP system prevents a loss of time.

What Loss Does a Case Filed in the Wrong City Cause?

In a divorce case filed before a court that lacks competence, the other party may raise a plea of competence together with the statement of defence. If the plea is accepted, the file is sent to the correct court; however, this process generally means a loss of several months of additional time. The hearing dates are re-set, the file is transferred physically or electronically to the new court, and the parties are forced to follow the process from the beginning.

In addition to the loss of time, additional expense items also arise: it may be necessary to pay court fees again before the new court, service-of-process costs are repeated, and if attendance at a hearing in a distant city is required, travel and accommodation expenses arise. Especially in urgent matters such as interim alimony or personal contact with the child, this delay may cause the harm to be prolonged for the duration of the case. In practice, determining the correct court from the outset prevents most of these losses.

• Loss of time. The assessment of the plea of competence and the transfer of the file may take months.
• Additional expense. Fees, service-of-process, and travel costs may arise again or in excess.
• Delay in interim measures. The deciding of urgent claims such as alimony and custody is postponed.
• Psychological wear. The prolongation of the process makes an already difficult period even heavier.

How Is Domicile Proven to the Court?

Although the claim of domicile is a matter that the court may investigate of its own motion, the claimant’s supporting it with concrete documents speeds up the process. The means of proof most frequently used in practice are the following:

• Residence/address registration document. The up-to-date domicile document obtained from the civil registry office is the first item of evidence resorted to.
• Lease agreement or title deed record. It shows the legal connection to the dwelling resided in.
• Invoice and subscription records. An electricity, water, natural gas, or internet subscription supports actual residence.
• Workplace or school record. The city where the workplace worked at or the school in which the child is enrolled is located strengthens the claim of domicile.
• Witness statement. The statement of persons such as a neighbour, apartment manager, or work colleague can be submitted as supporting evidence.

In situations where the address in the population register differs from the city actually resided in, an increase in the number of documents to be submitted to the court generally helps. Rather than relying on a single document, submitting several different items of evidence together significantly reduces the likelihood of a plea of competence.

If the Relocation Occurred Recently, How Is the Time Condition Calculated?

The criterion of the last six months of joint residence is calculated backwards from the date on which the case is filed. That is, even if the spouses separated immediately before the case was filed, if the six months preceding the separation were spent in the same city, this criterion can be used. However, if less than six months have passed since the relocation and the spouses lived in different cities during this period, this option may lose its validity; in this case the claimant’s own current domicile is taken as the basis.

In the calculation of the period, what matters is not the counting of days but whether there was continuous actual residence at the same address. Short-term visits or temporary stays do not interrupt this period; however, in the event that one of the spouses settles permanently in another city, the period starts anew. Since this distinction can become disputed especially among newly relocated couples, it is recommended that the concrete dates (date of relocation, commencement of the lease agreement, etc.) be clearly documented.

How Does the Choice of City Affect the Course of the Case?

When more than one city option exists, the choice is important not only in terms of legal validity but also in terms of practical conduct. Elements such as the city where the evidence will be gathered, the court that the witnesses can reach, and ease of communication with the existing lawyer affect the choice. For example, if the great majority of the witnesses live in one city, filing the case in that city facilitates attendance at the hearings and may speed up the process.

In addition, the workload of the courts may vary from city to city; since the number of files is high in the courthouses of large cities, the intervals between hearings may sometimes be longer. For this reason, alongside the question "which city has competence," the question "in which city is it more advantageous to file" should also be separately evaluated. This assessment varies according to the concrete circumstances of the file and generally yields a more accurate result when made together with a lawyer.

If the Case Was Filed Before the Wrong Court, Is a Reversal Possible?

The fact that a case has been filed before a court lacking competence does not mean that the case is entirely lost. If the plea of competence is made within the time limit, the court decides that the file be sent to the competent court; the case is not filed anew from the beginning, only the file is transferred. For this reason, the process can be remedied, but the lost time and additional expenses generally cannot be recovered.

On the other hand, if the defendant party does not raise a plea of competence within the time limit, the case continues to be heard before the court in which it was filed, and the claim of lack of competence can no longer be put forward. Although this situation may appear to the claimant as an uncertain advantage, it is essentially a consequence foreseen by procedural law. In practice, following such technical details requires meticulousness for the healthy progress of the process.

Is It Possible to Attend Hearings From a Distant City?

When the case is filed in another city or the defendant party lives in a different city, personal attendance at every hearing may not always be possible. In this case the party may, by granting a power of attorney to a lawyer, have the hearings followed through their representative; this method is the solution most frequently resorted to in practice. At stages where the party must be heard in person (for example, a declaration before the judge in an uncontested divorce), physical attendance may be unavoidable.

Where the witness or the defendant is in a very distant city or abroad, the method of judicial request (letters rogatory) may be used; in this method the statement is taken through the court in the place where that person is located and sent to the main file. Thus the obligation for the party or the witness to travel a long distance is eliminated. At which stage these procedural possibilities can be used varies according to the concrete situation of the file.

What Should Couples Living in Different Cities Pay Attention to Before the Case?

If one of the spouses lives in a different city, clarifying a few points before filing the case makes the process easier. First of all, gathering together the documents that support the current domicile ensures being prepared against a possible plea of competence. In addition, giving the correct and current address for service prevents the process from being unnecessarily prolonged; notifications served to the wrong address may result in return and require re-sending.

For the spouse living in a distant city, physical attendance at the hearings may not always be possible; in this case procedural possibilities such as follow-up through a representative or taking the statement by way of judicial request can be evaluated. Filing the file from the very outset in the right city and with the right documents produces a result in favour of the party both in terms of time and emotional burden.

It must not be forgotten that the decision may vary according to the concrete circumstances; which city will be chosen should be separately evaluated according to the evidentiary situation of the file and the living conditions of the parties. As Av. Aydın, in divorce files where the spouses live in different cities or abroad, we plan the process from the outset, from the determination of domicile to the identification of the correct court. By reaching us at our office in Konak/Izmir or through our line at 0553 595 67 82 on a 24/7 basis, you can obtain an assessment specific to your situation.