Impact of a Foreign Divorce Under Sharia Law

[nou147]

My wife and I were married in Iraq under Islamic Law and Sharia and then we moved to US , started a family, became US citizens. We are now seperated for the past three years and she now lives back in Iraq with her parents and our kids. I travel and see the kids every three months and then come back to US where I am employed.

I have found out that she is planning to come to US to file for divorce. As such I need advise on how to protect my assets. So the question is - if I divorse her in Iraq according to Islamic Law and Sharia and pays her the dower (mehr), can she still come to USA and file for divorce again and claim for half of my assets ? In other words, is she still entiitled to half of my property in US if we have disolved the marriage in Iraq under Islamic Law ?

As my per legal advise, she cannot claim for any settlement in US once the divorse has been finalized in Iraq under Islamic Law.


please advise as I want to be absolutely sure before taking this step.


thanks in advance

[Mr. Knowitall]

The answer depends upon what happens in court in Iraq. It may be possible to get a judgment that resolves all of the issues of divorce, custody and division of marital assets. It may be that there are issues pertaining to marital assets within the United States that will have to be addressed through ancillary proceedings in he United States. You need to share the details with a divorce lawyer - we don't have enough information.