Re-marrying if only one divorce took place
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Question
A couple mutually decided to get divorced in the USA because of differences. In their state of residence you can file for a no-fault divorce. But only one person has to file for a no-fault divorce through a lawyer. It was decided that the wife will file for the no-fault divorce through a lawyer. The divorce was filed. It was granted by the court after a 90 day cooling off period. No verbal divorce took place.The husband then married another woman after a couple of years. That marriage did not last. They got divorced.
Can the man now re-marry his first wife? She did not marry anybody else during this time. Is the divorce between the man and his first wife considered a Khula since it was the wife who legally filed for the no-fault divorce?
Answer
Assalamu alaykum
It would be permissible in this case for the husband to remarry his first wife. We can ascertain from the details provided by you that either the marriage is still intact or only one Islamic divorce took place since the husband mutually agreed with his wife for divorce and then granted her the option to effect a divorce on herself (which she in turn did).
Hence, they are free to remarry again since a single divorce (if it was such) does not necessitate for the wife to consummate marriage with someone else before she can remarry the first husband.
And Allah knows best.
Wassalam,
Abdurrahman ibn Yusuf
This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.
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