From a decision last year in Ali v. Osman, from Judge Stephanie Hayden (N.D. Cass County Dist. Ct.); I just learned about it because it's on appeal to the N.D. Supreme Court:
Sara and Mojahid were married on February 5, 2001 in Sudan.
Under Islamic law, a husband has the right to initiate a divorce ("talaq") against his wife. All that is required to achieve talaq is for a husband to pronounce his intent to divorce his wife on three separate occasions, either verbally or in writing. The husband does not need to communicate his three pronouncements to his wife. She need not be present for them or even aware of them. A wife cannot object to a talaq.
Unbeknownst to Sara, Mojahid pronounced talaq three times prior to December 11, 2022. On or about December 11, 2022, Mojahid obtained a Certificate of Divorce from Sara in Sudan (the "Divorce Certificate") based on his pronouncement of talaq. When he obtained the Divorce Certificate, neither Mojahid nor Sara lived in Sudan. They lived in the United Arab Emirates ("UAE") at the time, which had been their residence since 2015. Additionally, Sara was not present when Mojahid obtained the Divorce Certificate. Mojahid emailed Sara the Divorce Certificate on December 19, 2022.
