Ask Elhais

Question:

I want to file a divorce against my husband. We both are Hindu and have been married for 16 years. He does not earn anything and everything is being paid by me. We have a son who is 13 yrs old. I am a banker and my son is on my sponsorship. Our marriage was in India. My husband drinks a lot and used to fight and doesn’t earn anything. He had left home 2 months back and right now he is in Sharjah jail. Can u please guide me on the process and also the cost of the divorce. Is it possible to get a divorce if he is behind the bars? How long will the entire divorce process take?

Answer:

We have reviewed your questions. Under the UAE laws you have the right to file for a divorce case in Dubai. Before referring the matter to the courts, it is our advice to arrange for a consultation meeting with us to explain you the process and requirements. Given the facts of the case, it is important that we first fully understand the events before giving our opinion.

Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE.
To know more information about this law, please feel free to click this link