Syrian divorce can raise unique questions and issues for couples. First, if your partner lives abroad in Syria and you want to get a divorce, your divorce might involve a range of international family law issues and concerns. If you and your partner both live in Brooklyn, New York, but you are citizens of Syria, one or both of you may be able to file for divorce under New York laws, if you can establish residency. International divorce can be complex. The Elliot Green Law Offices is a Syrian divorce lawyer in Brooklyn, New York that may be able to help you and your family navigate some of the more complex questions that can arise with your Syrian divorce.
Family law in Syria differs dramatically from family law in Brooklyn, New York. Under Syrian law, family law matters, like divorce and child custody, are handled by Sharia courts. Sharia law is an Islamic legal system based upon the Koran and the laws of Islam. Many lawyers working under a western law framework may not be familiar with the strict legal nuances of Sharia law, and how these laws might apply when divorcing someone who lives in Syria. Furthermore, if an individual is facing a child custody battle in which the children have been taken to Syria, it is important that the lawyer handling the family law matter understand Sharia law and how local Syrian laws might impact both a divorce and child custody matter.
The Elliot Green Law Offices is a Syrian divorce law firm in Brooklyn, New York that can help you and your family navigate some of the complex issues that can arise with an international divorce, or a divorce involving family members still living in Syria. Even if your whole family lives in Brooklyn, or the U.S., it can be helpful to have a divorce lawyer who has an understanding of Syrian family law. Our attorneys respect that different cultures will have different ideas about what an ideal divorce settlement will look like. The Elliot Green Law Offices always strives to help families reach the best possible settlement that honors the best interests of the children.
Understanding Sharia Law and Divorce
Under Sharia law, the husband has the exclusive right to divorce his wife for any reason. The man can divorce his wife at any time, place, and for any reason whatsoever. All the husband is required to do under Sharia law, is state three times to his wife “I divorce you” (or use some variation of this phrase). Under Sharia law, a woman has a right to divorce her husband, but she must do so through judicial processes (meaning, she must go to court). A woman must also show that she has reason to divorce the man. Under Sharia law, she might have to show that the man is impotent, mentally ill, or show that the man has abandoned the family for at least a year. If the man is unable to provide for her financially, she may also be able to file for divorce. When getting divorced in Syria, women do not have custody rights, with custody being granted to the father.
Because Syrian law favors men over women, men may sometimes travel to Syria to divorce a wife, and in some cases, might even take the children to Syria so that they can enjoy favorable custody rights. For a woman back in Brooklyn, or the United States, this can be devastating. A divorce granted to a husband in Syria, will generally be considered legal in the U.S. However, if you reside in Brooklyn, have legal residence in Brooklyn, and were divorced by your husband in Syria, you may have remedies under the law. For example, if your husband merely traveled to Syria to obtain the divorce, but lives in Brooklyn, you might be able to fight for jurisdiction in New York. If you were not present in Syria, or were not notified formally about the divorce, when your husband sought the divorce, you may also have certain rights.
Another issue that Syrian divorcing couples face is navigating both the religious aspects of their divorce and the legal aspects of their divorce. It is possible for individuals to file for divorce in Brooklyn, and have their divorce formally recognized in the U.S., but not have the divorce recognized by the Islamic faith. For the faithful, this can create issues when individuals want to remarry.
The Elliot Green Law Offices is a Syrian family law firm in Brooklyn, New York handling matters of Syrian family law. Our firm is sensitive to the unique cultural issues that can arise when individuals of the Islamic faith choose to get divorced. When dealing with an international divorce, or a partner who is filing for divorce in another country, the divorce process can be even more complex. The Syrian divorce lawyers at the Elliot Green Law Offices are here to help you in Brooklyn, New York.
Syrian Divorce and Child Custody
If your children have been taken to Syria by your former partner, you might be facing unique challenges when it comes to child custody. When a parent takes a child from the U.S. with the intention to limit another parent’s custodial rights, this is known as “international parent kidnapping.” This is a serious crime. While you might understandably want to travel to Syria to get your children back, it is important to understand that your partner might have asserted custody under Syrian law. Before you can get your children back, you may need to appeal to the Department of State to negotiate with local authorities to get your children returned to the U.S. Taking matters into your own hands at this stage can complicate your custody battle or rights, and could even limit your legal options. It is important to use proper legal channels when dealing with international child custody matters. If your partner took your children to Syria without your consent, reach out to the Elliot Green Law Offices, a Brooklyn, New York Syrian family law firm today. Our attorneys can take a close look at your situation and work with you and the appropriate authorities to get your child custody matter resolved in a manner that recognizes the best interests of your children.