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Author Topic: How long after divorce must one wait to remarry?
Sand In My Shoes
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I have been living in Egypt the past 6 months with my fiancee and his family. I am American. I am awaiting finality of my divorce back in the states. I know by the Holy Quran (I am muslim) it states a woman must wait 3 months after divorcing her previous husband before she can marry again. However I recently read somewhere (and of course I can't find the source again now that i need it... pfft) that this 3 months can not only be from the legal termination date of that marriage, but from when the woman leaves the house of previous husband.

Of course I realize I cannot marry until the previous marriage is dissolved, however I have 2 sources of legal documentation that I have been apart from my husband these 6 months. Do my fiancee and I still need to wait the 3 months from legal date of termination on the divorce settlement OR have I already satisfied this waiting period by being "out of my husband's home" more then 3 months?

If anyone out there can provide an answer, we would be most grateful.


Posts: 26 | From: Louisville, KY, USA... now Tanta Egypt | Registered: Dec 2004  |  IP: Logged | Report this post to a Moderator
Karah_Mia
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I was in similar situation, but got divorced in the US while living there. Of course to get the divorce in the US you must be separated for at least 6 months (and up, depending on the state), so that means moving out of your husband's house way before the divorce decree becomes final. The date of the divorce decree is the time judge signs it after the hearing, but there is also 30 days period afterwards when the spouse may contest the verdict. I used the earlier date, which may be a lil pushing it, but is not illegal. You have to (unfortunately...) wait 3 months and 2 days from the date on your final divorce decree. My Egyptian husband also brought up the issue of spouses being separated more than idda requires simply because of the separation requirement before granting a divorce in most Western countries. However, the date that idda refers to is the date of your final decree. I heard this law was criticized and attempts were made to change it in case of divorced foreigners. I did not hear anything of that happening yet though.
Also, if your divorce is being finalized in the US, you have to have the final decree notarized by the secretary of state which the divorce took place in, then authenticated by the main government authentication office in DC, and then notarized and translated in the Egyptian consulate also in DC. I may dig out the links with that information; let me now if you want them. Next step is notarizing and authenticating the divorce decree in the American Embassy in Cairo and then taking it to be authenticated in the Lazoughly Concentration Camp A.K.A. Ministry of Justice. Still want to get married?
If you have any more questions, I will try to find answers, I swear. .
K.


Posts: 2238 | From: Mother Earth | Registered: Jun 2004  |  IP: Logged | Report this post to a Moderator
Sand In My Shoes
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We both thank you for taking the time to reply to this post. Anything else you would like to supply (links, etc) would be helpful... if not to us, to others seeking the answer information.

Yes I still want to get married! I knew all about the lovely authentification process... ugh. I keep telling myself, "One day at a time... just one day at a time." Alhamdulellah we are not in a hurry. After we marry, then we start the whole US visa nightmare. I presume I will have to have my passport changed and all that.

Oh! Nuts! Now I have another question...

After marrying an Egyptian in Egypt, what do you have to do about your visa??? I am on 1 year "tourist" visa now. Does this mean I get to go back to Worlds of Fun East (aka the Arab League Building) again??? Oh goody. (Actually we met and spent ALOT OF TIME... ha ha... with some very lovely people there. Great way to meet others struggling with your same issues.)

quote:
Originally posted by Karah_Mia:
I was in similar situation, but got divorced in the US while living there. Of course to get the divorce in the US you must be separated for at least 6 months (and up, depending on the state), so that means moving out of your husband's house way before the divorce decree becomes final. The date of the divorce decree is the time judge signs it after the hearing, but there is also 30 days period afterwards when the spouse may contest the verdict. I used the earlier date, which may be a lil pushing it, but is not illegal. You have to (unfortunately...) wait 3 months and 2 days from the date on your final divorce decree. My Egyptian husband also brought up the issue of spouses being separated more than idda requires simply because of the separation requirement before granting a divorce in most Western countries. However, the date that idda refers to is the date of your final decree. I heard this law was criticized and attempts were made to change it in case of divorced foreigners. I did not hear anything of that happening yet though.
Also, if your divorce is being finalized in the US, you have to have the final decree notarized by the secretary of state which the divorce took place in, then authenticated by the main government authentication office in DC, and then notarized and translated in the Egyptian consulate also in DC. I may dig out the links with that information; let me now if you want them. Next step is notarizing and authenticating the divorce decree in the American Embassy in Cairo and then taking it to be authenticated in the Lazoughly Concentration Camp A.K.A. Ministry of Justice. Still want to get married?
If you have any more questions, I will try to find answers, I swear. .
K.



Posts: 26 | From: Louisville, KY, USA... now Tanta Egypt | Registered: Dec 2004  |  IP: Logged | Report this post to a Moderator
Karah_Mia
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OK, found this one, hope it helps:
http://usembassy.egnet.net/consular/marriage.htm

I think the tourist visa may be extended on a yearly basis, but there may be other ways of securing your residence. There are many kind people here who are living in Egypt, I am sure they will give you more detailed information about the visa extension.


Posts: 2238 | From: Mother Earth | Registered: Jun 2004  |  IP: Logged | Report this post to a Moderator
   

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