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Fatwa CenterShe got divorce in the American court
Question
after my husband left me for one year, I got divorce in the American court ( they not Muslim) . Is this divorce count in Islam or I have to wait until I divorce in Muslim country???
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The divorce which is only issued by a man-made court is not considered a divorce and does not take place; divorce is in the hands of the husband. If a husband utters divorce even if this was not in front of the court (judge) or that he signed divorce papers while intending to initiate divorce, then divorce takes place; for more benefit, please refer to Fatwa 90056.
If we assume that divorce did not take place, and it is possible to reconcile between you and overlook the disagreements, then this is better.
However, if this is not possible and you have a sound reason for asking for divorce, like due to being harmed and the like, then you have the right to ask your husband to divorce you. If he accepts and divorces you, then divorce takes place. Otherwise, you may take the matter to an authority that is specialized in looking at the personal matters of Muslims, like the Islamic centres. Hence, you should know that you are not obliged to wait until you get divorce in a Muslim country, and it is not an obligation for divorce to take place to be issued in the presence of the judge or a person who may substitute for him. Rather, divorce takes place as long as the husband utters it or when he signs the divorce papers while having the intention of divorce.
Allaah Knows best.
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