How to get divorce

Dear Mamtaz,

Firstly, I'm sorry to hear of your challenging situation. Registering for a divorce in Saudi Arabia is a process that's governed by the Saudi Law of Judicial Procedure (2002). Below, I've outlined responses to your inquiries using Saudi legislation:

1. Initiating Divorce:

As per Articles 27 and 28 of the Saudi Law of Judicial Procedure, you should first file a divorce case at the competent court in your area, i.e., the court in Jubail.

2. Documents Required:

The required documents typically include your ID card, marriage contract, and any relevant evidence that supports your desire for divorce, such as proof of estrangement or your living arrangement. Article 29 of the Saudi Law of Judicial Procedure states: "The statement of claim shall be accompanied by supporting documents, or any note indicating the place of their existence; otherwise, an excuse for not submitting them shall be provided."

3. Appearance in court:

In accordance with Article 104 of the Saudi Law of Judicial Procedure, you will likely need to appear in court at least once, either personally or through a representative. The article states: "Each of the litigants may act in the case per se. However, he may delegate others to act on his behalf."

4. Legal & Financial implications:

Saudi courts typically consider each case on its merits. They may grant a woman's request for divorce on grounds such as harm or discord that make cohabitation impossible. If your divorce case is accepted, you may be entitled to financial support. Saudi Arabia typically seeks to ensure fairness and protection of rights during and after the divorce. However, final decisions as per Article 77, Section 2 of the Saudi Law of Procedure before Sharia Courts are made under the discretion of the court. It states: "Affecting partition of common properties unless a right is established for the benefactor."

For you to understand your situation and the implications of divorce better, you might want to seek professional legal assistance. This is a brief overview and doesn't cover everything. It would be beneficial to seek comprehensive advice from a competent lawyer.

I hope you find this initial guidance useful.

Please note that given the nature of this advice, it's necessary to proceed with an in-depth consultation to properly outline your course of action.

Kind regards,

[Your Name]

[Your Law Firm]

Dear Mamtaz,

I am sorry to hear about the challenging situation you're facing. Divorce proceedings in Saudi Arabia are governed by Sharia law. Here is the basic procedure and information as per Saudi Arabia's legal system.

1. **Filing for Divorce:** As per Islamic Sharia law, you can either seek a 'Talaq' (divorce initiated by the husband) or 'Khula' (divorce initiated by the wife). In your case, you would be seeking 'Khula'. As per the Law of Judicial Procedure, Royal Decree No. M/1, 22 Rajab 1428 corresponding to August 4, 2007, Article 13, you must file your case through the General Court in Jubail.

2. **Required Documents:** Following are the documents needed to start the process:

- Marriage certificate.

- Valid Iqama or other identification documents.

- Written request for divorce filed through the General Court.

3. **Court Appearance:** As per the Law of Judicial Procedure, Royal Decree No. M/1, 22 Rajab 1428 corresponding to August 4, 2007, Article 151, you must appear before the court when called upon. The court may also require your husband's presence.

4. **Legal and Financial Matters:**

- Alimony: According to 'The Executive Regulation of the Law of Procedure Before Sharia Courts' issued by Royal Decree No M/2 Dated 1/1/1537H, Article 169(S), you will no longer be entitled to alimony after the finalization of the divorce.

- Division of Assets: The division of assets or wealth acquired during marriage is not automatic in Saudi law. As per the principles of Islamic Sharia law, the division of wealth can be requested if it has been mutually gained through joint efforts.

- Custody Rights: If there are children involved, custody rights are generally awarded to the mother until the sons reach the age of 9 and daughters reach the age of 7. After that, the father can claim custody if he so wishes (Executive Regulation of the Law of Procedure Before Sharia Courts, Article 196).

Please remember the process and outcomes may vary depending on the judge's discretion, as the Saudi legal system is based on Sharia law principles. Therefore, it is advisable to hire legal representation.

I hope this information helps you understand the divorce process in Saudi Arabia. If you have any other questions or need further clarification, feel free to ask.

Best Regards,

[Your Name]