How do Muslim couples divorce in the United States based on Shariah? How do such divorces work especially if one was married abroad? And on top of the shariah and the local civil laws vary in the realm of divorce.
I’m no Divorce Lawyer, but my personal experiences in what i’ve seen are not too good…from a “religious” standpoint…I’ve seen 3 different divorced couples (in two different countries U.S and Canada) and it wasn’t Shariah at all…most of the time the girl will get half of everything (per civil laws), if not more than half. If you have kids, she’s getting most of everything + child support. To be fair in one of the cases the girl was one of those poor girls that got married to a richer family. And her case it would be fair cause she doesn’t have any other skills in that she could work.
She would need to start from scratch. But the other 2 cases both of those girls were educated, could easily support them selves and were working as well. But they still went after the money that wasn’t rightfully theirs.
Its Ironic as guys you pay Haq Mehr per Shariah but in the event of Divorce that goes out the window… she gets to keep Haq Mehr (as she should)…but also half of your wealth saved that you yourself earned. The best thing you can do in these western countries is NOT get a marriage license. Just get a Nikkah and that way the state won’t have any say in your Religious and marital practices. The only benefit is the tax benefit..other wise its pointless..
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Yeah but if you imported a spouse, wouldn’t there be a record of marriage in the immigration department, whether or not you get a marriage license?
And what happens in case the divorce is not mutual and there is verbal divorce/ khula involved?
So if you import a spouse, assuming you married outside of the U.S, if it isn’t gay marriage, the U.S Recognizes that document. But yes, you have to present that document as proof that you are married to the immigration department. I am unsure if they keep a record of this however. I would assume they do… You can try requesting this information from them.
The state only cares about legal divorce…if you have no marriage license to prove that you are legally married, than you aren’t legaly married. But if you do have that document, than you are legally married. Each state has different laws regarding divorce that should look up
There are fault/no fault states…no fault (ex: incompatibility) fault (cheating, abuse, etc).
It its not mutual than it’ll go into family court proceedings as the “filing spouse” (the one who wants the divorce) and the non filing spouse…
I’m no lawyer and these are some specific pointed questions, its best if you talk to an actual legal counsel.
That makes sense, various departments probably don’t share the same information so each required their own documentation/proof. I understand you are no lawyer, and my questions are specific but they run along a broad spectrum. I especially wanted to know how Muslims go about with such divorces if they are trying to abide by the shariah. Your input is appreciated, and definitely cleared some points. 
However, these questions are not directed at my personal life, so legal counsel is really uncalled for, which brings me here.
lol, sorry but its not uncalled for in the least…if you want a proper answer, its best to go to the experts of these matters. Whether its personal or not…
Typically shariah gets thrown by the way side…and local law > greater than shariah…
Even shariah says to adhere to the local laws..(i’m paraphrasing)
What do you mean by how do they divorce based on shariah? A shariah divorce would be the pronouncing of the divorce and then getting the paperwork done if they’re sure about it.
I wonder about this topic as well. As we know that some husbands annoy their wives by not giving them divorce despite her pleas and she has to file for khula. But there is no concept of Khula in US civil courts, its just divorce which either spouse can file for. The problem with that is that although on paper a woman may have divorced her husband but Islamically the marriage hasnt really dissolved.
Divorce in a court is the same thing as khula. Even in Pakistan, it is a civil court that grants khula