Legal Question in Family Law in New York
getting a divorce
We were married in the US in a traditional islamic type wedding, which law would take precedence when it comes time for divorce in the US? - U.S/State law or Islamic Law? (They did register with the state and also got the marriage license before getting married)
How will issues like child custody, alimony, property rights etc be handled? Is it also dependent on who initiated the divorce?
Also, what if the house and cars are under husband's name since he bought it before they got married? He had been making payments on these with his own income. And the wife had a car under her name before she was married, but she left it with her friend before leaving the US. Both husband and wife also have thier own 401k and other retirement investments. How will claims to these things be handled and who will it go towards?
The husband and wife are both US citizens where the guy is still living in US but the wife has moved back to Pakistan and plans to live there after divorce.
2 Answers from Attorneys
Re: getting a divorce
If you are a resident of New York for the requisite period, you can get a divorce under New York law, and the New York court can issue an order covering parenting issues, support and dividing the property of the marriage. If you would like to arrange a consultation, please feel free to get in touch.
Re: getting a divorce
For State purposes, civil law is controlling, although in limited circumstances, if arrangements have been made religious agreements will be recognized.
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