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Jewish, Hindu And Muslim Divorce

What issues are to be considered in a Jewish divorce?

Jewish divorce laws and customs differ from the Illinois Marriage and Dissolution of Marriage Act. Under Jewish law, spousal support is very limited, property is not divided equally and gender preferences in custody disputes can produce results that Illinois law disfavors. Jewish wives are protected by a premarital contract called a ketubah. If the marriage unfortunately fails, the ketubah obligates a Jewish man to support his wife, but it does not force him to grant her a get, which is a Jewish bill of divorce. Under orthodox Rabbinic law, a get is required to end a Jewish marriage. In fact, a Jewish woman must get a get or she cannot remarry. Because of this, a new kind of Jewish Prenuptial Agreement (JPA) was developed by modern orthodox rabbis, which levies a fine for each day a husband refuses to give a get. Though not universally accepted by all orthodox, the JPA requires the parties to arbitrate their dispute before a rabbinical court (beit din).

While the process of civil divorce under the Illinois Marriage and Dissolution of Marriage Act differs from traditional Jewish divorce, we have experience working with Jewish couples and offer free consultations on all matters relating to Jewish divorce. Should you retain us, we will execute the divorce so that it complies with both the Illinois Marriage and Dissolution of Marriage Act and Jewish law.

What issues are to be considered in a Hindu divorce?

Hinduism upholds marriage as a sacred covenant, and holds that the sacred bond of marriage cannot be broken for selfish reasons. Divorce is thus discouraged in both the Hindu religion and Indian culture. In 1955, the Indian Parliament passed the Hindu Marriage Act which governs marriages and divorce between Indian citizens. This Act varies from the Illinois Marriage and Dissolution of Marriage Act in a number of respects; for example, a couple in India may only obtain a divorce after one year of marriage, whereas in Illinois it is permitted at any time. However, Indian couples married in India under the Hindu Marriage Act can still obtain a legal divorce in the United States under the Illinois Marriage and Dissolution of Marriage Act.

While the two Acts differ, we have worked closely with both laws in obtaining positive results for clients married in India and seeking divorce in the United States.

What issues are to be considered in a Muslim divorce?

The specific religious traditions of an Islamic divorce vary between Shia and Sunni Muslims, but divorce is permitted under Islamic law (sharia). Divorce initiated by a man is called a ṭalāq, while divorce initiated by a woman is called a khula. According to the Muslim holy book (Qur'an), although divorce is permitted it is discouraged, and there are various passages focusing on reconciliation throughout the Qur'an. If a Muslim couple in Illinois unfortunately decides to get divorced, the divorce will be governed here by the Illinois Marriage and Dissolution of Marriage Act.

We have experience with Muslim couples seeking divorce and are sensitive to the unique issues raised by these divorces. While the process of civil divorce in Illinois is different from the religious aspects of a Muslim divorce, we offer free consultations with any questions related to these proceedings.

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