Legal Question in Family Law in Minnesota

Divorce

I am a muslimwomen who has been abandoned by my husband. We were married in an islamic marriage in October of 199.

I want to know how to go about getting a divorce and having my rights to money from our joint property. He recieves rent payments from our teneants and doess not pay any of our bills and now he is not paying the bills on the rental properties. He is recieving section 8 payments for one of the properties but we sold that property last December 2006. we have a car we jointly own that he will not give me access to but his girlfriend has been seen driving the care. Someone had an accident in the car this past weekend but I have no idea who was driving nor where the accident occured.

How can I get my legal rights addressed in a state that does not recognize religious marriage?

Also is there any way to sue the women who my husband is having the affair with???


Asked on 11/01/07, 1:55 pm

1 Answer from Attorneys

Jennifer Moore Moore Family Law, P.A.

Re: Divorce

You should contact an attorney to determine if you have a legal marriage. The fact that you were married in an islamic tradition does not mean that you cannot divorce your husband through Minnesota courts, although the rules that will be applied to your divorce will be Minnesota's statutes, rather than your marriage contract.

There is very little law on the issue whether your islamic marriage contract can be used as a sort of pre-nuptial agreement to enforce your rights, but I was able to locate law review articles on the issue.

If you do not have a legally recognized marriage, you may still be able to obtain rights to property and child support under Minnesota law.

There used to be a civil cause of action called "alienation of affection," but Minnesota has abolished that cause of action. Therefore, under the facts you have presented here, you cannot sue your husband's girlfriend.

I advise you to seek the advice of an attorney who can assist you with some of the issues that you raise.

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Answered on 11/01/07, 2:53 pm


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