FAQs: Iranian Divorce in the US

Divorce cases involving Iranian nationals or Iranian assets are inherently challenging due to the fundamental differences between the US and Iranian legal systems. The US operates under common law, while Iran uses civil law with influences from Islamic Sharia law. This disparity often leads to confusion when US courts interpret Iranian legal documents and concepts. For instance, the concept of “child custody” carries different legal implications in Iran than in the US.

Several key differences between US and Iranian divorce law contribute to the complexity of Iranian divorce in the U.S. Many familiar U.S. legal terms, such as “Life Estate” and “Trust,” have different meanings or no equivalent under Iranian law. This discrepancy will significantly impact your case, particularly concerning property division and the determination of support. Furthermore, Iran’s property laws, based on Islamic principles and civil law, often conflict with US property laws, making the division of property located in Iran particularly challenging. Finally, Iranian marriage contracts frequently include “Mahr,” which is not widely understood in court.

Iranian Mahr (ماهِر also spelled Maher or Mehr) is a mandatory payment that a groom promises to his bride in an Islamic marriage contract. It is typically paid upon marriage, at the time of divorce, or upon the husband’s death. If your marriage contract was formed in Iran and you are pursuing a divorce in the US, Mahr will significantly influence the division of assets and spousal support. It is essential to understand how a US court will interpret and apply Mahr in your specific circumstances. In the U.S., recognition of Mahr varies from state to state.

Dividing property during a US divorce when some assets are located in Iran presents challenges due to the distinct property laws governing each country. Establishing clear ownership of assets under both legal systems can be difficult. Iran’s property laws, rooted in Islamic principles and civil law traditions, can create conflicts with US property laws during divorce proceedings.
 Determining the value of assets in Iran for the purpose of division in a US court can also be complicated. Ensuring that a US court order for property division is enforceable in Iran requires meticulous legal strategy.

Using Iranian documents in US courts requires meticulous attention due to the prevalence of fraudulent documents and the intricate process necessary to validate genuine ones. Authentic Iranian documents must undergo certification, translation, authentication, and interpretation, a process made challenging by the differences between the Iranian and US legal systems.

For example, in Iran, attorneys have the authority to certify documents they personally prepare, unlike court records that require certification from Mahzar, notaries specialized in deeds and real estate transactions.
The need for accurate translation adds another layer of complexity. With over 110 dialects of Farsi spoken in Iran, ensuring precise translation is essential to avoid misunderstandings that could impact the court’s understanding of the documents’ contents. Any errors or misinterpretations in these documents can lead to flawed judgments regarding asset division, spousal support, child custody, and other crucial divorce-related decisions.

Iranian documents that contain missing information, inconsistencies, or an unclear chain of custody may be indicators of fraudulent documents. An expert in Iranian civil law and legal documents can be consulted to help identify these potential red flags. To ensure the admissibility of your documents, consult with an expert in Iranian Family Law like Abbas Hadjian. He can assist you in verifying the authenticity of the documents, obtaining certified translations, and adhering to the proper procedures for certification and authentication for use in US courts.

An expert like Abbas Hadjian offers invaluable assistance in navigating the complexities of a divorce involving Iranian law. He can verify the authenticity of your Iranian documents and ensure they comply with the requirements of US courts. He can also provide accurate translations of your documents, taking into account the nuances of Iranian legal terminology and the various Farsi dialects. Furthermore, he can effectively explain Iranian legal concepts to the US court, ensuring proper understanding. An expert Iranian divorce lawyer ( متخصص وکیل طلاق ایرانی) will diligently protect your interests concerning property division, Mahr, child custody, and other critical decisions in your divorce.

When selecting an expert, prioritize extensive knowledge of both Iranian and US family law, a demonstrated history of successfully handling cases involving Iranian legal issues, fluency in Farsi and English (with expertise in legal terminology), and cultural sensitivity.

You can request a consultation to discuss your specific case and how Abbas Hadjian can assist you by Requesting a Consultation. Abbas Hadjian is an expert Iranian divorce lawyer ( متخصص وکیل طلاق ایرانی) located in Encino, CA who works across the U.S. on Iranian divorce cases as an expert consultant to other attorneys or as client representation.