Husband authorized wife to divorce, but wife's response was not effective
13-3-2015 | IslamWeb
Question:
I said several times to my wife people are free in North America to take divorce if you want is up to you I am not giving you the divorce, but last time I just say if you want to take divorce upto you (my intention was to say I am not giving you- but couldn') but couldn't able to say that I am not giving divorce to her and wife say okay lets go to lawyer tomorrow, I replied with expression (since no intention to divorce just want to make her afraid as she was not listening me and going alone outside the house) I am not going to lawyer. Then she explained why she wants to go and I let her go after kissing her hand. Now I am afraid is the conversation anyway constitute divorce, I was angry but no intention of divorce as best I could remember and honest to myself. I am scared a lot why I didn't complete the sentence. Please help.
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.
If the situation was exactly as you described in the question, then divorce did not take effect and your marriage is still intact. You had authorized your wife to issue a divorce if she wished by saying "If you want a divorce, it is up to you," but, in fact, she did not choose divorce. Her statement, "okay, let us go to a lawyer tomorrow" has no legal effect.
We would like to warn you against taking the matter of (uttering) divorce lightly; this may lead to much regret. The Islamic Sharee‘ah has provided adequate means for solving marital problems. The spouses should display sincere keenness on maintaining marital stability; this is one of the fundamental objectives of Islam in legislating marriage. Allaah The Exalted says (what means): {And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.} [Quran 30:21]
Allaah Knows best.