Family and Divorce Lawsuits in Sharia Courts in Lebanon (FAQ)
Frequently Asked Questions (FAQ)
- What types of family lawsuits can be filed in Sharia courts?
- Divorce (Separation) Lawsuit: This lawsuit seeks to officially declare the divorce and arrange the financial consequences in accordance with the marriage contract.
- Custody Lawsuit: This aims to determine the right of custody over the children.
- Visitation with Overnight Stay Lawsuit: This lawsuit establishes the right of parents to visit and take their children for overnight stays.
- Obedience and Cohabitation Lawsuit: This compels the wife to return to the marital home.
- Deferred Dowry Lawsuit: This allows the wife to claim the deferred dowry as stipulated in the marriage contract.
- Child Support Lawsuit: This determines the financial support the father must provide for the children.
- Which court has jurisdiction over these lawsuits?
The Sharia court with jurisdiction is either the court where the marriage contract was signed or the court in the defendant’s place of residence.
- How long do these lawsuits typically take to reach a preliminary judgment?
Under normal circumstances, these lawsuits take between 8 months to a year to receive a preliminary judgment from the Sharia court.
- What are the essential documents required to file these lawsuits?
- Power of attorney.
- Copy of the marriage contract.
- Family extract.
- What does a divorce (separation) lawsuit involve?
The court will declare the separation and arrange the financial consequences based on the marriage contract. The financial obligations for the husband are determined according to the responsibilities outlined in the separation judgment.
- What does a custody lawsuit entail?
A custody lawsuit aims to determine the right of custody over the children. A custody judgment cannot be issued under a separation lawsuit and requires a separate filing.
- What is involved in a visitation with overnight stay lawsuit?
This lawsuit establishes the right of parents to visit and take their children for overnight stays.
- What does an obedience and cohabitation lawsuit cover?
This lawsuit compels the wife to return to the marital home. The Sharia courts handle requests to compel a Lebanese wife to return to her husband’s home outside Lebanon on a case-by-case basis.
- What does a deferred dowry lawsuit include?
The wife can claim the deferred dowry according to the responsibilities specified in the separation judgment. The husband can request to pay the amount in installments before the execution department or the Sharia court.
- What does a child support lawsuit involve?
Child support is the responsibility of the father and includes clothing, food, medical treatment and housing. The creditor can request the imprisonment of the debtor who refuses to pay the adjudicated support.
- When is custody the right of the mother?
- Sunni Sect: 12 years for both boys and girls.
- Shia Sect: 2 years for boys, and 7 years for girls.
- Druze Sect: 12 years for boys, and 14 years for girls.
If you have any additional questions or require further details, please feel free to ask!