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What Happens If a Wife Requests Divorce and Her Husband Refuses?

Although divorce is generally initiated by the husband, in many cases the wife is the one who seeks divorce because she is unable to continue or endure her marital life with him.

The wife may be the one who wants a divorce while the husband refuses, which can lead to many disputes and conflicts between them. This may make the wife consider khul’ and giving up all of her rights in exchange for ending the marital relationship. However, khul’ is not always the most suitable solution.

If the wife requests divorce and the husband refuses, and she has valid grounds for seeking divorce, this may allow her to avoid waiving her rights. Therefore, in this article, we will explain the procedures that should be followed when the wife requests divorce and the husband refuses.

If the Wife Requests Divorce and the Husband Refuses

She may resort to the courts to seek dissolution of the marriage contract, as the Saudi legal system grants the wife the right to seek divorce in several situations even if her husband does not agree, in order to protect her interests and rights.

There are many legal provisions that confirm the wife’s right to seek divorce despite the husband’s refusal. Article (107) of the Saudi Personal Status Law provides:

“1- The court shall dissolve the marriage contract at the wife’s request if her husband refuses to provide maintenance for her or if it is impossible to obtain maintenance from him.

2- The court shall dissolve the marriage contract at the wife’s request if the husband claims insolvency regarding the maintenance due to his wife, even if she knew of his insolvency before the marriage contract. She may request dissolution immediately or at a later time.”

This article explains that the wife has the right to seek divorce from her husband if he refuses to provide maintenance and she is unable to obtain it from him by any means.

This is intended to protect the wife from financial harm that may result if maintenance stops, since maintenance is a legal and religious obligation of the husband, and failure to provide it is considered a breach of fundamental marital rights.

You can read more about: Requirements for Khul’ for Women and the procedures required to complete it correctly.

The article also explains that if the husband claims insolvency in relation to the required maintenance, the wife also has the right to seek dissolution of the marriage contract, whether she knew about his insolvency before marriage or not, and she may request dissolution immediately or at a later time.

Article (108) of the law also provides:

“The court shall dissolve the marriage contract at the wife’s request if the husband causes her harm to such an extent that continuation of the marital relationship in a proper manner becomes impossible, provided that the harm is proven.”

This article makes clear that the wife may seek divorce if her husband causes her harm that makes it difficult for her to continue the marital relationship, provided that such harm is proven.

See the full details about: Procedures for Filing a Divorce Case Due to Harm .

Article (115) also provides as follows:

“The wife may request dissolution of the marriage contract due to the disappearance or absence of her husband if his residence or whereabouts are unknown, provided that the court shall not rule to dissolve the contract until the expiry of a period it determines, which shall not be less than one year and not more than two years from the date of his disappearance or absence.”

This article also explains that the wife may seek dissolution of the marriage contract if the husband is absent or missing and his residence or whereabouts are unknown. The court will not rule to dissolve the contract until a specified period has passed, which must be no less than one year and no more than two years from the date of the husband’s absence or disappearance.

Discover the full answer to the question: If a Husband Abandons His Wife, Is She Considered Divorced?

If the Wife Requests Divorce, What Rights Is She Entitled To?

There are certain legal and Sharia-based rights that a woman retains in the event of divorce. These rights include the following:

The wife is entitled to maintenance during the waiting period if the divorce is revocable, as the husband is required to allow his wife to remain in his home and provide for her until the waiting period ends.

However, in the case of an irrevocable divorce, the husband leaves the wife in the home until the waiting period ends, but he is not required to provide maintenance for her.

You can read more about When Child Support Ends

Custody of the children is granted to the mother unless there is a reason that prevents this. In such a case, the judge rules on custody according to the order stated in Article 127 of the Personal Status Law, and the judge has the right to determine the custodian according to the best interests of the child.

Read and learn about the cases and Requirements for a Mother’s Custody of a Child After Divorce

In the event of divorce and the death of the husband afterward while the wife is still in her waiting period, she is entitled to inheritance and is treated as though she were still married to him.

The Role of Nawaf bin Awad Al-Harbi Law Firm in Helping a Wife Obtain Her Rights After Divorce

If you are looking for a law firm specializing in family cases, Nawaf bin Awad Al-Harbi Law Firm can be an ideal choice. It is considered one of the leading law firms in Saudi Arabia and includes a group of experienced lawyers specializing in family cases and related matters such as maintenance, custody, and others.

If you wish to file a divorce case, the firm can assist you with this process and also help you obtain your rights after divorce. The firm’s lawyers prepare the statement of claim, file it before the competent court, and represent the wife throughout the legal hearings until a judgment is issued.

They also help you obtain all of your rights without reduction. Seeking assistance from a specialized firm such as ours can help ensure that you receive your full rights after divorce in accordance with Saudi law.

Contact — the Best Personal Status Lawyer — now to handle your case when you request divorce and your husband refuses, and to begin the correct legal procedures without giving up your rights.

Conclusion

If the wife requests divorce and the husband refuses, she may file a divorce case before the court and explain her reasons for seeking divorce and her inability to continue the marital relationship. There are valid grounds that allow a wife to seek divorce from her husband, which are recognized by the Saudi legislator. Seeking assistance from a specialized law firm can help you identify these grounds and file your case before the court.

Also read about: Elements and Requirements of Verbal Divorce

Frequently Asked Questions

Can a Wife Request Divorce Because of Frequent Marital Problems?

Yes, she may do so, as poor marital relations and frequent problems are among the reasons that may allow a wife to seek divorce because of the psychological harm they may cause her.

What Can a Wife Do If the Judge Refuses the Divorce?

If the judge refuses the divorce, the wife may apply for dissolution of the marriage contract if there is a valid reason that permits this. If she does not have a sufficient reason, she may file a khul’ case and obtain divorce in exchange for returning the dowry and waiving her financial entitlements.

What Is the Ruling if a Husband Refuses to Divorce a Wife Who Dislikes Him?

If there is a valid reason for the wife’s dislike of her husband, the husband should seek to restore affection and harmony and address the reasons leading to divorce. However, if there are valid Sharia-based grounds for seeking divorce, the wife may request divorce by filing a case before the competent court in Saudi Arabia.