Islamic divorce vs US court divorce

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amnamalik

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Salam, my husband and i are divorced through US court with mutual consent. and he is also paying me haq mehar. i want to know if i m divorced as per islamic laws as well? and can i start my waiting period?

thanks in advance
 
Waleikum Asalaam,

You'd have to ask a sheikh to be honest, but from my understanding, if both parties do it mutually through secular court and the intention of divorce is there, then it is valid. I did my divorce through secular court also and we also lived separately for almost 6 months prior to that, so my case is slightly different to yours. My now husband also did his divorce through secular court as his ex-wife didn't want to involve a sheikh, and several sheikhs have told him it would be valid this way. Allahu alim.

Please ask a qualified person sis, it is better to be on the safe side insha'Allah. :)
 
Umm♥Layth said:
Waleikum Asalaam,

You'd have to ask a sheikh to be honest, but from my understanding, if both parties do it mutually through secular court and the intention of divorce is there, then it is valid. I did my divorce through secular court also and we also lived separately for almost 6 months prior to that, so my case is slightly different to yours. My now husband also did his divorce through secular court as his ex-wife didn't want to involve a sheikh, and several sheikhs have told him it would be valid this way. Allahu alim.

Please ask a qualified person sis, it is better to be on the safe side insha'Allah. :)
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Salam Sister, i and my husband also lived separately for 6 months, and now we both have stamped divorce document from US court. If you dont mind me asking, where do you reside? and also did you consult any Imam/Sheikh at the time of your divorce?

JazakAllah khair.
 
amnamalik said:
Salam Sister, i and my husband also lived separately for 6 months, and now we both have stamped divorce document from US court. If you dont mind me asking, where do you reside? and also did you consult any Imam/Sheikh at the time of your divorce?

JazakAllah khair.
Click to expand...
I was in the US also (not anymore) and I did not ask a sheikh at that time because I assumed it was a mutual consent thing (this was almost 10 years ago). Later on I was told it was acceptable. Just go to your local masjid with your stamped paper and ask if this is acceptable Islamically. It will take alot off your shoulders, I wish I had done that. Let us know what he says insha'Allah. This is a common question actually.
 
Just to add, from what I read, the civil divorce is valid if the husband applies for it but not if the wife applies for it. A khula is a very different process from a talaq. So you'd have to clarify that with whatever sheikh you seek answers from.
 

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