Question related to Divorce

[Gina-12 0]

 

I am planning to submit CR1 Spouse Visa for husband which I married in Jan 2022  , however I am little bit worried

 

 I had a Islamic Divorce in 2019 which was not  registered with Kenya authority  where my Ex lives , while I was in kenya last 2 months I was able to get my Divorce decree from the Islamic court  and it states that the Divorce happend in 2019 but date of registration happened 22/02/2022 . As the Date of registration is after I got married I am bit scared that that might cause confusion . See attached screenshot of the decree .

 

[Timona 4,207]

Unfortunately, you have to start afresh with your current marriage. 

 

Divorce current husband, remarry. You're not the first to do this.

 

And don't try fake it. It'll get caught and you end up in more drama than necessary. 

Edited February 28, 2022 by Timona

[JeanneAdil 6,489]

where did u do the 2019 divorce? 

[Gina-12 0]

9 minutes ago, JeanneAdil said:

where did u do the 2019 divorce? 

It was a verbal divorce (Talaq) by ex husband who lives in Kenya , used  divorce witness statement from Qadi in Nairobi to apply for divorce decree 

[Gina-12 0]

1 hour ago, Timona said:

Unfortunately, you have to start afresh with your current marriage. 

 

Divorce current husband, remarry. You're not the first to do this.

 

And don't try fake it. It'll get caught and you end up in more drama than necessary. 

Thanks for the reply ,   starting afresh would be very complicated  but there isn't  much else I can do I suppose .

 I thought since the decree clearly states that the divorce happend in 2019 I would have a chance  .

[Timona 4,207]

7 minutes ago, Gina-12 said:

Thanks for the reply ,   starting afresh would be very complicated  but there isn't  much else I can do I suppose .

 I thought since the decree clearly states that the divorce happend in 2019 I would have a chance  .

 

16 minutes ago, Gina-12 said:

It was a verbal divorce (Talaq) by ex husband who lives in Kenya , used  divorce witness statement from Qadi in Nairobi to apply for divorce decree 

 

Verbal divorce is nothing. 

Unfortunately, you have to start afresh, though you don't like it. Just don't go to River Road to get stuff done your way. Yes, it is complicated but can be done. Don't try shortcuts that'll get you in more murky waters like some of our fellow Kenyans. 

 

You have no choice but to start afresh. US embassy in Kenya knows about all the games/ shortcuts that our brothers try. 

 

@JeanneAdil can add about Islamic divorce part. I believe you have to start a fresh.

[JeanneAdil 6,489]

31 minutes ago, Timona said:

 

 

Verbal divorce is nothing. 

Unfortunately, you have to start afresh, though you don't like it. Just don't go to River Road to get stuff done your way. Yes, it is complicated but can be done. Don't try shortcuts that'll get you in more murky waters like some of our fellow Kenyans. 

 

You have no choice but to start afresh. US embassy in Kenya knows about all the games/ shortcuts that our brothers try. 

 

@JeanneAdil can add about Islamic divorce part. I believe you have to start a fresh.

this is why the 90 day waiting period for islamic divorce

 

Talaq is considered in Islam to be a reprehensible means of divorce. The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period ('iddah) which lasts three full menstrual cycles.

 

since the husband can revoke the divorce during this time, it isn't valid till the 90 days is over

but i asked who and where was the 2019 divorce done ?

[Gina-12 0]

16 minutes ago, JeanneAdil said:

this is why the 90 day waiting period for islamic divorce

 

Talaq is considered in Islam to be a reprehensible means of divorce. The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period ('iddah) which lasts three full menstrual cycles.

 

since the husband can revoke the divorce during this time, it isn't valid till the 90 days is over

but i asked who and where was the 2019 divorce done ?

Ex husband divorced me in Kenya while I was there myself  in 2019 

[nelmagriffin 148]

Hello, 

My thoughts, if it was not performed by the authorized people and was not registered? is that still valid? To the eyes of the law from 2019 to 2022 you are not divorced as it was not registered. Or am I missing something?

Here is what I read:

reference: How to file for divorce in Kenya - MMS Advocates

" 

• Islamic Marriages

Sec 71 of the Marriage Act, 2014 states that the Islamic divorce shall be governed by Islamic law.

Where a Kadhi, sheikh, imam or person authorised by the Registrar grants a decree for the dissolution of a marriage the Kadhi, sheikh, imam, Mukhi or authorised person shall deliver a copy of the decree to the Registrar."

 

"

PROCEDURE OF FILING A DIVORCE SUIT IN KENYA

Divorce proceedings in Kenya are commenced by filing a divorce petition. The person filing this document is known as a petitioner.

The Petition signifies that a spouse desires to end their marriage which subsequently initiates the process of divorce. The Petition outlines the grounds for divorce and is accompanied by the following documents: –

1. Verifying Affidavit– this is a legal document that sets out the petitioner reaffirms the contents of the divorce petition that they have brought before the court and which is made by
2. Notice to Appear– this is a legal document that is served to the respondent to be reminded that they are supposed to appear in court failure to which the case will continue and judgment will be given in their absence.
3. List of Witnesses and their statements– this is a legal document that sets out the persons that the petitioner wishes to use in the divorce petition that will testify on their behalf
4. List of Documents– this is a legal document that sets out the supporting documents that the petitioner will use in their divorce

Once the Petition is filed, it is served together with the Notice to Appear, notifying the Respondent of the case. Once the Respondent acknowledges receipt, he is required to enter appearance and file a Defense and/ or a Cross Petition."

Edited February 28, 2022 by nelmagriffin

[Timona 4,207]

58 minutes ago, JeanneAdil said:

this is why the 90 day waiting period for islamic divorce

 

Talaq is considered in Islam to be a reprehensible means of divorce. The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period ('iddah) which lasts three full menstrual cycles.

 

since the husband can revoke the divorce during this time, it isn't valid till the 90 days is over

but i asked who and where was the 2019 divorce done ?

 

Before I called you, I didn't even realize you had already been here.

[JeanneAdil 6,489]

In  Kenya:

 

When it comes to the issue of dissolution of marriages, the 2014 Law appears to treat different forms of religious marriages differently. While it lists various grounds under which a person who contracted a marriage under the Hindu or Christian rites may approach a court to seek dissolution, when it comes to Islamic marriages, it simply states that Islamic rites govern dissolution of Islamic marriages.  (Id. §§ 65, 70 & 71.)

 

Islamic marriages are celebrated under Islamic Law. The Act does not set down grounds for dissolution of Islamic Marriages only stating in Section 71 that dissolution of an Islamic Marriage shall be governed by Islamic law. Such divorce processes are processed and presided over by the Kadhi Courts.
 

[powerpuff 6,677]

~ Topic moved from IR1/CR1 Progress Reports to Process ~

[pm5k 129]

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Kenya.html

 

Divorce Certificates

Available

Fees: Prescribed by the court

Document Name: Divorce Decree

Issuing Authority: Law Courts

Special Seal(s) / Color / Format: There is no Special Seal(s)/ Color/Format.

Issuing Authority Personnel Title: There is no Issuing Authority Personnel Title.

Registration Criteria: Draw a petition that clearly states the grounds for divorce.  Petitioner required to serve the petition and the notice to appear in court to the respondent, either personally or through a post office. The respondent may also file another petition to dissolve the marriage, and after the papers have been exchanged, the registrar of the court sets the date for hearing. If the court is satisfied with the petition, marriage dissolution is granted. The dissolution takes full effect after six months, after which parties are allowed to remarry.

Procedure for Obtaining: Applicants should contact the Registrar at the following address to obtain copies of divorce decrees

The Chief Registrar of the Judiciary
City Hall Way
P.O BOX 30041-00100 Nairobi, Kenya
(020) 2221 221
info@judiciary.go.ke

Certified Copies Available: Certified copies are available

Alternate Documents:  There are no alternate documents

Exceptions: You should have sufficient reasons to convince the court for a need to divorce, particularly if three years have not elapsed since the date of marriage.

Comments: Read the Matrimonial Causes Act, Chapter 152 of the Laws of Kenya for more detail on what is required before you can embark of the process to obtain a divorce decree

[pushbrk 12,868]

13 hours ago, pm5k said:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Kenya.html

 

Divorce Certificates

Available

Fees: Prescribed by the court

Document Name: Divorce Decree

Issuing Authority: Law Courts

Special Seal(s) / Color / Format: There is no Special Seal(s)/ Color/Format.

Issuing Authority Personnel Title: There is no Issuing Authority Personnel Title.

Registration Criteria: Draw a petition that clearly states the grounds for divorce.  Petitioner required to serve the petition and the notice to appear in court to the respondent, either personally or through a post office. The respondent may also file another petition to dissolve the marriage, and after the papers have been exchanged, the registrar of the court sets the date for hearing. If the court is satisfied with the petition, marriage dissolution is granted. The dissolution takes full effect after six months, after which parties are allowed to remarry.

Procedure for Obtaining: Applicants should contact the Registrar at the following address to obtain copies of divorce decrees

The Chief Registrar of the Judiciary
City Hall Way
P.O BOX 30041-00100 Nairobi, Kenya
(020) 2221 221
info@judiciary.go.ke

Certified Copies Available: Certified copies are available

Alternate Documents:  There are no alternate documents

Exceptions: You should have sufficient reasons to convince the court for a need to divorce, particularly if three years have not elapsed since the date of marriage.

Comments: Read the Matrimonial Causes Act, Chapter 152 of the Laws of Kenya for more detail on what is required before you can embark of the process to obtain a divorce decree

I have made bold and large what I consider the two most important parts of the instructions quoted above.  If you cannot get what is described above, no matter what the reason, then you need to start over afresh, getting divorced legally from first and second husband, marry again legally and lawfully, then file a new I-130.

[Bukazyasin 13]

Hello Gina, can i ask please 

was your divorce certificate accepted?

my wife got islamic divorce certificate from kenya but registration date is after our marriage. how did you faced this issue? am having the same problem. any idea is much appreciated.