Legal Aspects Of Divorce

Muslim societies

No-fault divorce is allowed in Islam, though Islam discourages divorce in any case. No-fault divorce can be obtained by either partner. (see Legal Kits)

If the man seeks divorce he has to pay a dowry and cover the expenses of his ex-wife for a period called 'iddah' (four months 10 days) following divorce, and in the case of the woman feeding his child he has to pay the expenses of his ex-wife for the period she feeds child until the child is two years old (in addition to expenses for child).

If it is the wife who seeks divorce, she must go to a court. The court will first try to make a settlement. If a settlement can't be reached, the court can grant a divorce. If a woman who seeks divorce on the (proven) grounds of ill treatment, inability to sustain her financially or sexual impotence on the part of the husband, the husband has to pay a dowry; otherwise, she gets nothing.

United States

Divorce in the United States is a matter of state law, not federal law. The county court’s family division judge on petitions for dissolution of marriages. [3] National Association of Women Lawyers convinced the American Bar Association to create the Family Law section in the courts, then introduced no-fault divorce law in 1960 (cf. Uniform Divorce Bill).[4] Although some states have not formed gender bias task forces, many courts are working toward the ideal of total equality and fairness says a State Task Force Reports by the National Center for State Courts.

Each state's legislature has enacted divorce laws that set forth the requirements for obtaining a divorce. These legal aspects of divorce vary from state to state. Some states maintain forms of fault-based divorce. Some states have covenant marriage which makes the divorce more difficult to obtain than in the typical no-fault divorce action.

Issues that separating spouses must decide upon are custody, visitation schedule, property division, spousal support and child support.

Concerns that may arise are fathers' rights, order of protection, domestic violence, allegations of domestic violence, parenting plan, and alimony that family law governs as a civil law matter.

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Legal Aspects of Divorce News

• Former Chair Of Bar Council Calls For Sharia Rules In English Law Daily Mail
A leading lawyer yesterday called for sharia rules to be written into English law. Stephen Hockman QC said legal reforms to incorporate Islamic principles are inevitable.
• QA: Sharia Law Explained BBC News
The BBC News website looks at how the system of Sharia law works and fits into society.
• UK Top Judge Gives Controversial Opinion On Sharia Law Calcutta News
The most senior judge in the UK, Lord Phillips has inflamed an existing controversy by saying that Muslims in Britain should be able to live according to Sharia law.
• Voiding Of Lesbian Divorce Upheld Gay City News
In a case involving a trial judge who granted a divorce to a couple he did not know included two women, the Oklahoma Supreme Court unanimously upheld that judges decision to vacate his order granting the divorce.
• Top Judges Call To Allow Sharia Law For Muslims Raises Stink In UK New Kerala
London, July 4 : The senior most judge in the UK has inflamed a dead controversy by saying that Muslims in Britain should be able to live according to Sharia law. Earlier this year, the Archbishop of Canterbury Rowan Williams had suggested that aspects of Sharia law should be adopted in Britain.

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