Types of Divorce

Types of Divorce

Divorce refers to the legal termination of a marital relationship and the formal separation of spouses. The term “divorce” derives from the Latin meaning “release” and “liberation.” Under the Civil Code, the right to divorce is vested in men. Accordingly, Article 1133 of the Civil Code provides that a man may divorce his wife at any time he so wishes.

Understanding the Types of Divorce

Depending on whether divorce is requested by the husband or the wife, whether it permits Reconciliation, and whether it is granted by court order or by mutual consent of the spouses, divorce takes various forms. The Civil Code recognizes two principal categories of divorce: revocable and irrevocable, as set out in Article 1143. Each of these categories also includes several subtypes.

What Is a Revocable Divorce

A revocable divorce means that if the husband regrets the divorce, he may, subject to legal principles and conditions, return to his wife during the waiting period observed by the wife.

The fact that the waiting period has not expired is essential in this type of divorce. Following Reconciliation, the spouses may resume their marital life without any formalities or legal obstacles.

Which Divorces Are Considered Revocable

• Divorce initiated by the husband.
• Khulʿ and Mubarat divorce.

Since the law provides that the husband generally initiates divorce, it also allows him the opportunity to reconcile if he regrets his decision and wishes to return to the marital relationship. In such cases, the wife’s consent is not required. In a revocable divorce, the wife must be within the waiting period for the husband’s right of reconciliation, allowing the spouses to resume marital life without a new marriage contract.

Article 1151 of the Civil Code states that the waiting period for divorce or annulment of marriage is three menstrual cycles, except when the woman does not menstruate due to age, in which case the waiting period is three months.

Khulʿ and Mubarat divorces are generally considered irrevocable. However, under certain conditions, they may be converted into revocable divorces. This occurs when the wife harbors aversion toward the husband, or when both spouses feel aversion toward each other, and the wife offers part of her property to induce the husband to consent to divorce. If the wife later withdraws from paying that compensation and reclaims the property, the irrevocable divorce becomes revocable, and the spouses may return to marital life without the need for a new marriage contract.

How Does Reconciliation After Divorce Occur

If the husband wishes to return to his wife after divorce, even simple actions such as a smile, an embrace, or the removal of the wife’s veil may indicate his intention to reconcile. Although a revocable divorce and subsequent reconciliation require no formalities, to maintain social order and better protect the rights of women, the husband must register the reconciliation with the relevant registration authority. Failure to do so may result in legal penalties.

Does Reconciliation Have Legal Effects

Yes. Reconciliation is effectively equivalent to remarriage, and all rights and obligations that existed during the marriage are reinstated. The husband is required to fulfill all of the wife’s rights, including alimony and compensation for services rendered. In essence, once reconciliations are complete, it is as if the separation never happened.

What Are the Husband’s Obligations During the Wife’s Waiting Period

Even during the waiting period, the husband is obligated to pay alimony for his wife and children, as he did previously. Failure to do so constitutes the offense of non-payment of alimony and may result in imprisonment or a monetary fine. The husband must also provide the necessary arrangements for the wife to continue residing in the former marital residence.

What Is an Irrevocable Divorce

An irrevocable divorce differs from a revocable divorce in that the husband cannot return to his wife at will. In such cases, a new marriage contract must be concluded, and the dowry and contractual conditions must be determined anew.

Which Divorces Are Considered Irrevocable

Divorce before marital relations: If spouses decide to separate before consummation of the marriage, the divorce is irrevocable, and the wife is entitled to half of the dowry.

Divorce of a postmenopausal woman: If the wife no longer menstruates and has lost reproductive capacity, any divorce that occurs is irrevocable, and the husband has no right of reconciliation. Reconciliation divorce: If a man and a woman have married and divorced each other three times, the woman becomes unlawful for the man. The husband has no right of reconciliation. The woman lawfully marries another man, consummates that marriage, and subsequently separates from him, thereby making remarriage to the first husband permissible.

Khulʿ and Mubarat divorce: These are two forms of divorce arising from severe aversion, in which the wife relinquishes part of her property or dowry in exchange for the husband’s agreement to divorce.

Frequently Asked Questions About Types of Divorce