Short answer
Article 166(4) of the Turkish Civil Code concerns a previous rejected divorce case, one year from finality of that rejection and failure to resume common life. The marriage does not end automatically when the year expires. One spouse must apply and the court must examine the conditions.
This guide focuses on the separation route. Appeals, genuinely new events and consensual divorce have separate requirements. The legal nature of the earlier decision must be checked before treating it as a qualifying rejection.
Has the former three-year period changed?
Article 13 of Law No. 7532, adopted on 14 November 2024, amended Article 166(4) to provide one year instead of the former three years. Old descriptions of the three-year rule should not be used as the current text.
Older proceedings and different procedural situations may still require individual examination. The amendment does not replace the need to verify the earlier judgment and its finality date.
When does the year begin?
The statutory period starts when the rejection becomes final, not simply on the hearing date. Drafting, service and finality may occur on different dates. Appeal records and service documents should be examined, together with any certificate of finality.
A case appearing as decided or closed in UYAP does not by itself establish the relevant legal date. Jurisdictional decisions, procedural outcomes and merits dismissals should not all be treated as interchangeable.
What is failure to resume common life?
The court examines the spouses’ actual living arrangements and conduct. Different registered addresses, or a shared registration, do not necessarily settle the question alone. The purpose, duration and circumstances of contact matter.
A child-related meeting, isolated visit or necessary administrative contact does not automatically mean marital life has resumed. Living together again with the intention of continuing the marriage may require a different assessment. Relevant facts must be described accurately.
Which records are useful?
Gather the earlier judgment, finality records, a dated account of living arrangements, lawfully obtained address or housing records, relevant communications and witnesses with direct knowledge. Do not obtain evidence by unlawful intrusion into the other person’s private life.
The court must assess the conditions; a calendar calculation alone does not determine divorce, alimony, compensation or child-related outcomes.
Is another route possible before the year ends?
A claim based on new events or a consensual divorce meeting Article 166(3) may be examined independently. These are separate legal grounds, not an automatic shortening of the Article 166(4) period. If the rejection is not final, appeal options may be relevant.
This is general information, not an individual filing date or predicted outcome. The decision, current legislation and relevant case law must be assessed together.