No fault divorce

Posted Fri, Oct 4, 2024 2:02 PM

Divorce and criminal cases involving adultery can be sensitive and complex, particularly in the UAE where the legal system blends Sharia law with civil law. Given the details of your situation, here’s an analysis based on UAE law:

Can you still file for a No-Fault Divorce?
Yes, you can file for a No-Fault Divorce in the UAE, even if your wife is opposing it. The UAE allows for civil divorces, and either spouse can initiate the process. A "No-Fault" divorce generally means neither party needs to prove fault such as adultery, cruelty, or abandonment to get divorced.

What if she does not attend the hearing?
If your wife does not attend the hearing, the court may proceed with the divorce in her absence, provided she has been duly notified. The court might give her multiple chances to attend, but ultimately, it can issue a default judgment granting the divorce if she continuously fails to attend.

Can you file the case and attend from India?
You can file for divorce while in the UAE and attend hearings from abroad through legal representation. If you appoint a lawyer in Abu Dhabi, they can represent you during the proceedings, even if you are not physically present.

What are the grounds on which your wife can object to the divorce?
In a No-Fault divorce, there are limited grounds for objection. She can claim that reconciliation is possible or that you have not fulfilled the legal requirements for filing. If she opposes on moral grounds (like adultery allegations), this would be addressed in a separate criminal case, not as a ground to stop the divorce.

 it possible to file the divorce case from India in Abu Dhabi court after leaving the UAE permanently?
It is more difficult to file a divorce case in the UAE after leaving the country permanently, especially if you no longer have residency in the UAE. However, it may be possible through a lawyer in the UAE if certain requirements are met,

What can happen if she files a criminal case for adultery in the UAE?
If she files a criminal case for adultery in the UAE, the outcome will depend on the specifics of the case and the evidence she can provide. However, proving adultery is not easy under UAE law, as it requires strong, direct evidence.

Is staying in a hotel with someone considered adultery?
Staying in a hotel with someone of the opposite sex who is not your spouse can raise suspicion, but it may not automatically be treated as adultery unless there is clear evidence of a sexual relationship. Adultery is defined as engaging in sexual relations outside of marriage, and proving this would require more substantial evidence than merely staying in a hotel together.

Can the divorce case continue if a criminal case is filed, or will it be halted until the criminal case is finalized?
The divorce case and the criminal case for adultery are separate legal matters.

If you need legal representation for this case, feel free to contact us at +971505078945. We can provide the necessary guidance and support throughout the legal process.