Do two divorces with different dates count as two divorces?

Do two divorces with different dates count as two divorces?

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

In terms of origin: Yes, two divorces are counted. Article (83) of the Personal Status Law states that: Every divorce that is accompanied by a number of words or signs, or is repeated in one session, only one divorce occurs. This article relates to multiple divorces in the same council or associated with a number, while the two incidents that are separated by a period of eight days are – as it appears from the question – two separate incidents, and therefore the rule of counting them as one divorce does not apply to them.

For every fact to be true, the word uttered must indicate divorce

The explicit word is the word of divorce or what is disposed of, while the metonymy is that divorce does not occur except with the intention of causing it, according to Article (78). Divorce also does not occur in the cases stipulated in Article (80), including if it is issued by someone who has no choice, or who has lost his mind, or in the event of extreme anger that prevents the husband from controlling his words, as well as some cases of divorce of the wife during menstruation, postpartum bleeding, or the period of purity in which intercourse occurred with the husband’s knowledge of that.

If the first divorce was a revocable divorce

The marriage contract does not end once it is signed, but the husband still has the right to visit his wife as long as she is in the waiting period, according to Articles (85) and (87). Accordingly, a second divorce during the waiting period, and before something happens that ends the marital relationship, is originally counted as a second divorce, provided that the wording is correct and the rest of the conditions for its occurrence are met.

If the first divorce occurred before entering or being alone

It is a minor irrevocable marriage according to Article (86), and the marriage contract ends with it. No second divorce will occur to the wife after that unless a new marriage is concluded. Likewise, if the first divorce has completed the number of three shots, the subsequent divorce is not effective as an additional shot.

To officially prove the number, the divorce document must include – in accordance with the executive regulations of the Sharia Procedures System – the word, type and number of divorce. The husband must also document the divorce before the competent authority within the regular period, while the wife’s right remains to file a lawsuit to prove the divorce if the husband does not document it, in accordance with Article (90) of the Personal Status Law.

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References

• Article Eighty-Three of the Personal Status Law and its regulations
• Article Seventy-Eight of the Personal Status Law and its regulations
• Article Eighty of the Personal Status Law and its regulations
• Article Eighty-Five of the Personal Status Law and its regulations
• Article Eighty-Seven of the Personal Status Law and its regulations