Wednesday, March 13, 2013

Handling Divorces World Wide. Questions to ask yourself and your divorce lawyer.

Divorce is a horrible, horrible thing but can be a necessary evil.  However, more and more Americans and people all over the world are getting divorced. In this blog we will explain what you should look for when looking for a Divorce Lawyer or  Divorce Attorney.

1. First and foremost- you need to identify what it is that you need a divorce lawyer for? 

Ask yourself these questions:

a. Is your divorce contested or uncontested?

b. Have you amicably decided the asset division?

c. What law does your jurisdiction have?  Laws differ on the basis of jurisdiction. You would need an expert on the local law and someone - in certain cases- who is an expert in conflict of laws.

d. Was there a prenuptial agreement? Is there a post-nuptial agreement?

2. Is your divorce lawyer a good litigator or a negotiator? Does it have it in him to get you the divorce on terms acceptable to you?

3. If you are contesting divorce in a Muslim majority country, you have to research what law applies to you?
Here are some of the questions you may want to ask:

a. Does the jurisdiction have Islamic personal law or does it have civil code?

b. If it has an Islamic personal law, what school of thought does it follow? Is it Hanbali, Maliki, Shafi, Hanafi or Jaafari?

c. Does Islamic personal law apply to you?

d. Is there a way of opting out of the Islamic personal law?

e.  If you are a woman, were you delegated the right of divorce in the marriage contract?

f. Have you been paid Haq-Mahar or Dowry money?

g. Are you seeking Khula and not Divorce? 

h. Did you bring any items with you to the marriage - such as furniture, personal effects, money, any movable or immovable property etc?

Contact us for a detailed legal opinion in your jurisdiction. We handle divorces. YLH and Co.

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