Legal Question in Family Law in Georgia

Religious Marriage

I was married to my husband under the religious laws of the shari'ah or an islamic marriage. The religious leader (Imam)performs the marriage with witness. However, there is no filing of marriage license within the court system.

Now that we are getting a divore my husband, according to the religion, should provide maintance(food, shelter and clothing) for three months. He agreed to this in front of a witness. But he has not given the provisions. Can I sue to receive what he has promised.

Note: We were married for three years.


Asked on 4/23/05, 1:13 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Religious Marriage

First, we need to determine if there was a valid marriage. I can't tell from the information you provided. If there was, the religious provisions may be considered by the court but may not be controlling. I would need more info in order to give you reliable advice. Feel free to give me a call. I don't charge for initial phone consultations.

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Answered on 4/25/05, 3:34 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Religious Marriage

Since you did not say, we'll have to assume the "marriage" was in Georgia. If it's elsewhere, you'll need to re-ask your question.

Assuming that your "marriage" was after January 1, 1997 and was in Georgia, you were never married unless you did a marriage license. There would be no divorce as there was no marriage, and, as an unmarried couple, you have no alimony or support rights in Georgia whatsoever. There is an old Georgia case that says people in metertrious relationship cannot sue. The case is Rehak v. Mathis, 239 Ga. 541, 238 SE2d 81 (1977). So assuming this "marriage" happened after 1977 and in Georgia, you cannot sue.

To be married in Georgia, you have to get a license. The religious ceremony is irrelevant.

Note: if you had children, you still can seek child support.

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Answered on 4/23/05, 2:42 pm


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