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Fatwa CenterWants to marry a married woman who has not consummated marriage
Question
I want to marry one girl, who is merrid and merriage was not physically happen,her husband did't accepted her from day first. she is in usa and want to get divorse/khula from her husband, do she need to go through the Idat or not, second question is that can she get the divorse from a us court. Thanks.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, you should know that it is not permissible for you to marry this woman as long as she is married to another man, but if her husband divorces her before consummating the marriage with her and he was never in seclusion with her, then she is not obliged to observe a waiting period.
In this case, you or any other man is permitted to marry her immediately. However, you should not spoil her against her husband, especially that some scholars 
forbade a man to marry a woman whom he spoilt against her husband.
For more benefit, please refer to Fataawa 82929 and 90642.
As regards how to get divorce papers from American courts, please refer to Fataawa 86071 and 81844.
Allaah Knows best.
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