Divorce Final Can Cancel it?

[primerosepk 0]

Hey guys .

i have a problem my wife file divorce and it was final and judge sign pepers and said we are divorced now.

but after then my wife and me felt we did wrong.can we still cancel divorce or we have to remarry???

[DulceCorazon 0]

You would surely have to remarry of course once a judge signs the papers that's it usually. Check online for your state laws or call the courthouse and ask. Most likely you would have to remarry. I mean what made you not think this through before this happened? Divorce is a serious matter, you should have gotten marrige counseling if you were having second thoughts. You are divorced now, therefore, remarrying is your only option. If you had reason to divorce, why go back through it though.....

Edited September 25, 2010 by Combined Hearts

[carolynhotstuff 252]

As far as I know you must remarry. You can not cancel a divorce once it has been signed by a judge and filed with the County Clerk.

[trillium13 84]

This really isn't an immigration issue. It could become one though, depending on where you're at in the process.

Edited September 25, 2010 by trillium13

[primerosepk 0]

there is no immigation issue

i am green card holder and no case with uscis

[rlogan 2,036]

Hey guys .

i have a problem my wife file divorce and it was final and judge sign pepers and said we are divorced now.

but after then my wife and me felt we did wrong.can we still cancel divorce or we have to remarry???

If you received the judge's order, signed and filed with your case in the court of jurisdiction - it's over. An appeal would require some material basis beyond "we changed our minds".

[dolphin1 5]

there is no immigation issue

i am green card holder and no case with uscis

It is an immigration issue i think. Based on your timeline you are a conditional permanent resident, i mean you have a 2 yrs green card, right? if yes then you will have to apply to remove the condition as soon as you get divorce.

[primerosepk 0]

Not really i have 10 year green card .there is no issue

[leahandlucas 15]

re-marry i guess?....i guess you can have another big wedding and cash in on the gifts and another honeymoon

[mustafa1232 3]

Hey guys .

i have a problem my wife file divorce and it was final and judge sign pepers and said we are divorced now.

but after then my wife and me felt we did wrong.can we still cancel divorce or we have to remarry???

hi primerosepk as you mention in your time line your name is muslim and you and your wife belong to pakistan and you and your wife belong to islam and as a islamic and muslim law your wife canot give you a divorce only husband use divorce authority if husband verbaly say to his wife word of talak (divorce) verbaly say 3 time then divorce is permentely happen so in that case as a muslim and islamic law says you have no permission to live with your wife again and you have no permission to remarry your wife again untill your wife cannot do( halala ) yes only one condition you marry with your wife again if husband say to his wife word of talak (divorce) verbaly say 1 time or 2 time so only in that case islamic law give permission that husband and wife have a permission to marry again

[hindustani24 7]

hi primerosepk as you mention in your time line your name is muslim and you and your wife belong to pakistan and you and your wife belong to islam and as a islamic and muslim law your wife canot give you a divorce only husband use divorce authority if husband verbaly say to his wife word of talak (divorce) verbaly say 3 time then divorce is permentely happen so in that case as a muslim and islamic law says you have no permission to live with your wife again and you have no permission to remarry your wife again untill your wife cannot do( halala ) yes only one condition you marry with your wife again if husband say to his wife word of talak (divorce) verbaly say 1 time or 2 time so only in that case islamic law give permission that husband and wife have a permission to marry again

But he is in USA and I am not sure if USA has a separate Islamic law for Muslims. He is seeking legal advice not religious.

[thongd4me 69]

Hey guys .

i have a problem my wife file divorce and it was final and judge sign pepers and said we are divorced now.

but after then my wife and me felt we did wrong.can we still cancel divorce or we have to remarry???

Annulment only works with "oops we married and goofed" and lets forget it ever happened.

The only thing for "oops we divorced and goofed" is remarriage.

The good news is that while you probably had a cheap o divorce (those can be more expensive),

a marriage license will cost very little unless you plan to invite thousands of guests

to the reception...

Edited September 26, 2010 by thongd4me

[newlyweds2010 208]

I'm not a family law expert but I don't think that words of talak are contemplated in this country.

[NUNI 0]

hi primerosepk as you mention in your time line your name is muslim and you and your wife belong to pakistan and you and your wife belong to islam and as a islamic and muslim law your wife canot give you a divorce only husband use divorce authority if husband verbaly say to his wife word of talak (divorce) verbaly say 3 time then divorce is permentely happen so in that case as a muslim and islamic law says you have no permission to live with your wife again and you have no permission to remarry your wife again untill your wife cannot do( halala ) yes only one condition you marry with your wife again if husband say to his wife word of talak (divorce) verbaly say 1 time or 2 time so only in that case islamic law give permission that husband and wife have a permission to marry again

well, about islamic divorce procedure is not as mentioned above,once you divorce your wife even if it is three times verbally, it will still be count as one divorce and than you have to wait till three periods of women to give her another and same applies for third one so isalmic divorce takes about more than six months to become active and husband if and wife contact inbetween this and dicides to live together it becomes inactive.So in Islam there is time to think and divorce is a serious matter and it cannot happen in three words in 3 seconds .Hopefully it will clear you by religion,however i have no knowledge how it works according to state law.

[mustafa1232 3]

well, about islamic divorce procedure is not as mentioned above,once you divorce your wife even if it is three times verbally, it will still be count as one divorce and than you have to wait till three periods of women to give her another and same applies for third one so isalmic divorce takes about more than six months to become active and husband if and wife contact inbetween this and dicides to live together it becomes inactive.So in Islam there is time to think and divorce is a serious matter and it cannot happen in three words in 3 seconds .Hopefully it will clear you by religion,however i have no knowledge how it works according to state law.

hi nuni i think i will explain in details Dear brother in Islam, we commend your keenness on getting your self well-acquainted with Islam and its teachings, which is the way Allah god has chosen for the welfare of His servants.

We must state clearly that divorce in Islam is the most abhorrent of all permitted things, and, as such, it must be resorted to only in extreme cases of necessity, and that too following certain stringent procedures and conditions. Among such procedures and conditions is: One must resort to divorce only after having exhausted all efforts of proper reconciliation and mediation. If, all efforts fail, while pronouncing divorce, one must be in a sober state of mind, and having clear intention to divorce. Just as marriage in Islam is contracted in a sober state of mind, and with clear intention, divorce must also be made in the same way.

In your answer to the question in point,Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"Divorce is the most hateful thing to Allah, but it is allowed (halal) only in the case of absolute necessity. If a couple tried their best to reconcile their differences, but they still could not agree and they found impossible to live with each other, then only in that case they should separate in a proper and decent manner. Divorce can be initiated by the husband or by the wife. The husband has the right to pronounce the words of divorce (talaq) to his wife. He can also give her a statement of divorce in writing. The wife can seek divorce from her husband throughkhul`, but if he refuses to grant her request then she can seek the dissolution of marriage through the court of law. The Shari`ah has not given the right to a woman to divorce her husband, because only the husband has all the financial obligations of the family. After divorce he will be responsible to provide her maintenance during her`iddahand if there are any children in the family then he will be responsible for their expenses. Thus to grant her that right equally with the husband while she has no financial obligation is unfair and unjust. The wife can, however, divorce her husband if her husband gave her that right either at the time of marriage or afterwards.

A husband who wants to divorce his wife should use the words of divorce with full awareness after much thinking and consideration. Using the words of divorce in haste or anger is not right. The proper procedure is to give divorce when a woman is not pregnant and is not going through her monthly menstrual cycle. Divorce can take place by saying one time "I have divorced you" (talluqtuki) or "You are divorced" (anti taliq). After this the women should spend the time of her`iddah. During the period of`iddahthe husband can cancel his divorce and can resume the matrimonial relationship, but if it does not happen then the divorce takes effect and at the end of the`iddahperiod their marriage ends. There is no need to repeat the words of divorce more than once. Even one divorce is sufficient to terminate the relationship.

The provision of the second and third divorce is given for a husband who divorces his wife one time and then cancels his divorce, but then after sometime changes his mind and divorces her again second time. Then he changes his mind and resumes the relationship and then again after that he divorces her. The Shari`ah says that now this relationship should end. Marriage is a serious matter. One cannot keep divorcing one's wife and returning her back. After the third divorce he cannot take her back. The third divorce is called the "irrevocable divorce" (talaq mughallaz). The wife now becomes forbidden to her husband completely. She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her and then after the`iddahshe and her previous husband want to remarry. This is calledhalalahin the language of the Shari`ah. This rule is given by the Shari'ah to reduce the occurrence of three divorces and to protect the honor of the woman.

Some people misuse this procedure out of ignorance or willingly. There are some people who think that the divorce (talaq) would not happen unless one makes the statement three times. There are others who repeat the words of divorce for emphasis and have no idea that this could be very serious. The jurists (fuqaha') have discussed this issue for the last fourteen hundred years. There were some jurists who took the strict position that three divorces whether uttered at once or separately would be considered as three divorces. According to them, whether a person misused this right knowingly or unknowingly the affect would be the same. If some one uttered the words of divorce three times, then this would betalaq mughallazand his wife would become totally forbidden for him and they could not reconcile without ahalalah. There are, however, some other jurists who emphasize the role of will in marriage and divorce. They say that if the husband used three divorces intentionally as three, then they will be counted as three, but if he repeated the words in anger or to emphasize his point then this is one divorce and he will have the right to resume the relationship with his wife. I feel that the second position is closer to the spirit of the Shari`ah. I am pleased to see that there are now some Hanafi jurists also who are inclined to this position. There were fatwas issued to this effect by the `Ulama' of Deoband and Nadwa in India as well the `Ulama in Saudi Arabia.

The issue of a divorce given in anger is also important. The basic rule is that divorce must be uttered with full consciousness and without any coercion. If a person pronounced the words of divorce to his wife, in a fit of anger, while he lost all control over himself or due to the influence of intoxicants which he sinfully consumed, or he was forced by someone else to do so, then in all these cases his words of divorce are null and void and have no effect. In conclusion, let me say that Muslims must protect their family life and must avoid divorce as much as possible. If it becomes necessary to have divorce then use the Islamic methods and procedures.

Edited September 26, 2010 by mustafa1232