Can my husband stay in the same apartment during the iddah period while I file for divorce?

May the peace, mercy, and blessings of God be upon you!

When filing a divorce case in the UAE, there are some important points to consider regarding housing during the family counseling and waiting period:

1. Family counseling before filing a divorce case:

Family counseling is a mandatory step to start the divorce proceedings. The Family Guidance Committee will set sessions to reconcile and reconcile the spouses.

During this period, the spouses remain legally in their current status as husband and wife, and can therefore live in the same residence unless there is an agreement or special circumstances that prevent this.

2. Housing during the waiting period:

The waiting period begins after the divorce ruling is issued, and it is a period that obliges the husband to provide housing and food for the wife if the divorce is revocable.

In the case of an irrevocable divorce, the details may differ based on the agreement between the spouses or the court ruling.

3. The wife's rights during the waiting period:

If you do not have another place to live, the UAE law requires the husband to provide suitable housing during the waiting period.

You can live in the same residence if it suits you and the husband, but this also depends on the relationship between you and your personal circumstances.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

During the UAE family guidance divorce process, you and your husband can continue living in the same residence.

The initial counseling stage focuses on potential reconciliation and lasts up to three months. As an expat married to an Emirati, there are no explicit legal requirements forcing either spouse to move out.

Attend all required Family Guidance Committee sessions, maintain respectful communication, and consider consulting with us.

Prepare necessary documentation like marriage certificate and identification. Your specific circumstances may require personalized legal advice to navigate the divorce proceedings effectively.

Thanks & Regards,

ABDUL WAHIED

Dear Questioner,

Wa Alaikum Assalam!

In response to your inquiry, during the divorce proceedings, especially when the application is submitted for family guidance, there is no immediate requirement that the husband must move out of the shared apartment.

However, it is important to note that during the iddah period, which typically lasts for three menstrual cycles or three months, the husband and wife must respect each other's rights and responsibilities, which may include living in separate areas within the same household if they continue to reside together.

Given your situation, where you are an expatriate and do not have alternative accommodation, it would be advisable to consult directly with us to explore potential solutions that can be implemented under the specific circumstances of your case, ensuring that your legal rights are protected during the divorce process.

Please feel free to contact us for a detailed consultation, so we can provide guidance tailored to your specific case.

Hello,

Before initiating formal divorce proceedings in the UAE, the law mandates that you first apply for Family Guidance at the Family Court.

Once you file for divorce, the iddah period begins. This is a waiting period under Sharia law, and it is required for a woman after the divorce is pronounced.

As you are an expatriate with no other place to stay, you are entitled to stay in the apartment during the iddah period unless there are specific reasons that prevent it.

The husband should continue to support you financially during this time, as the divorce has not yet been finalized.

Your husband is legally obligated to provide financial support during the iddah period. If your husband refuses to financially support you, this can be addressed during the Family Guidance process or later during the divorce proceedings.

Greetings,

Yes, it is expected that you remain together during the waiting period (iddah), as in Islam, the iddah must be completed first.

After this period ends, if reconciliation does not occur, each of you is free to move on with your life independently.

In Islam, it is Haram or not permissible for either spouse to leave the marital home during the waiting period (iddah) until it is completed.

Best Regards,

According to UAE law, there is no requirement for the husband to move out during the iddah period, as long as there are no legal disputes.

You can contact us via WhatsApp for more details. We specialize in such cases and are ready to assist.

In the UAE, while the divorce process starts with an application for family guidance to mediate between parties, it is legally permissible for spouses to live together during the iddah period, which is generally three months or three menstrual cycles; however, it's advisable to consider emotional implications and seek mediation support to navigate the complexities of this arrangement effectively.

We are honored to represent you legally. Please contact us via phone or email for further assistance.

Wa Alaykum Salam,

Thank you for reaching out. I understand that you have concerns regarding the divorce process, specifically about whether your husband needs to move out during the iddah period after filing for divorce.

Under UAE law, when initiating a divorce, the family guidance process must indeed be followed.

As for the living arrangements during the iddah period, it is generally expected that both spouses remain living together in the same residence unless there are specific safety or security concerns.

In your case, since you do not have another place to stay, it is typically permissible for you and your husband to remain in the same apartment during the iddah, provided that there are no issues related to safety or domestic disputes.

However, if the situation becomes difficult, it may be advisable to seek mediation through the family guidance center, or you may want to consult with a lawyer for further assistance in exploring your options, including temporary arrangements.

I would be happy to assist you further in filing for divorce and guiding you through the process.

Please feel free to contact me directly via WhatsApp or phone at [-----------], or email me at [-----------] to discuss your case in more detail and to ensure that your rights are protected throughout the divorce process.

Best regards,

Suhail Rana