Do You Need a Civil Divorce if You Already Have an Islamic Divorce in Illinois?

 Posted on August 25, 2025 in Islamic Divorce

For Muslim couples, ending a marriage involves compliance with the Shariah. However, having a legally binding marriage in Illinois means that you have to go through the civil process of divorce as well. To change your legal rights and be recognized as single by courts, employers, schools, and agencies, you must obtain a court order that dissolves the civil marriage. Having a DuPage County, IL divorce attorney who is knowledgeable about Islamic law is invaluable in this situation.

Understanding the Basics of Divorce According To Shariah

Khul is a wife-initiated religious divorce. With guidance from an imam or mosque council, the spouses agree to end the marriage. This typically involves the wife returning some portion of the mahr or reaching another fair settlement. The goal is consent, dignity, and a clean break that honors faith. A mosque may issue a letter confirming the khul.

Talaq is a husband-initiated religious divorce, made by declaring the intent to end the marriage. After the pronouncement, the iddah period follows to allow time for reflection or reconciliation. Community leaders may help the couple address mahr and other promises made at the nikah. While these processes spiritually dissolve the marriage, neither khul nor talaq changes your civil marital status in Illinois.

Why Do You Need a Civil Divorce in Illinois?

According to the Illinois Marriage and Dissolution of Marriage Act, Illinois requires a court judgment to end a civil marriage. This protects your rights by allowing the judge to divide marital property and debts under 750 ILCS 5/503 and to set child support under 750 ILCS 5/505 when minor children are involved. 

With a court judgment, titles to homes and cars can be reassigned, retirement accounts can be divided through proper orders, and lenders, employers, and schools will follow clear, enforceable terms. You can secure parenting rules and avoid future disputes over taxes and insurance. Immigration, travel, and vital records rely on civil documents, so the judgment provides the proof you need in and outside of Illinois.

What Is the Divorce Process in Illinois?

Most divorces follow a similar process in Illinois, which begins with one party filing a Petition for Dissolution, citing irreconcilable differences. The other spouse is served, and they file an appearance and response. The court may issue temporary orders for parenting, support, and use of the home or car.

The spouses then exchange financial records, including pay stubs, tax returns, and bank and retirement statements. They need to submit a parenting plan and use mediation if required for disputes. They must also identify marital and non-marital assets and debts and negotiate a settlement.

If the parties reach an agreement, the judge enters the Judgment of Dissolution. Otherwise, the judge decides the issues after a hearing or trial.

Litigation is not your only option. Many couples use mediation or collaborative law to reach a full settlement. These options are private, lower conflict, and often faster. In mediation, a neutral professional helps you resolve issues. In collaborative law, both spouses and their attorneys commit to problem-solving without court hearings. Your final agreement is then submitted to the judge and entered as your court order.

Schedule a Consultation With an Oakbrook Terrace, IL Divorce Attorney

If you completed a talaq or khul and still need to go through the necessary civil steps, we can guide you through Illinois court procedures while honoring your faith. Attorney Naveed S. Husain pairs strong courtroom experience with a deep background in Islamic family law. That perspective helps Chicago’s Muslim community understand where religious practice and civil law meet and pursue goals that work in court and in daily life.

Call 630-909-9114 to contact the experienced DuPage County, IL divorce lawyers at Farooqi & Husain Law Office today. We will listen, explain your options in clear terms, and build a plan that protects your rights and your values.