The Personal Status Law provides in Article No. 12 :
“If the husband is absent for a year or more without an acceptable excuse, his wife may ask the judge to divorce her permanently if she is harmed by his distance from her, even if he has money from which she can spend.”
Terms of application for divorce for absence
The divorce for the absence of the husband, as mentioned in the text, must meet four conditions: :
1-the husband should be absent from his wife in a country other than the one in which she resides.
What is meant by absenteeism here is the husband leaving his wife and traveling to a country other than the one in which she resides, because if he leaves the marital home and remains a resident in the same country in which the wife resides without cohabiting with her, this is considered abandonment from him and not an absence governed by Article VI not Article XII , and the court Application for divorce for abandonment or absence .
2-the absence of the husband extends for a year or more.
The text stipulated that a full year or more has passed since the husband's absence, because it is the period during which the wife becomes wild and is actually harmed, because the separation is due to the actual damage, not just the expected damage, and the year in which the wife may request a divorce after she has passed from the time of absence is the solar year, the number of days is 365 days, as stated in Article 23 of the law, not the year Hijri .
3-the absence of the husband should be without an acceptable excuse.
In the absence of the husband from his wife, it is stipulated that he has intentionally harmed her in his absence, otherwise there is no divorce .
4-the wife should be harmed by the absence of her husband from her.
The damage here is known only from the wife's side, so she believes in what she says about it and does not cost proof of it, and her filing a lawsuit is always considered a presumption of her harm .
If the above four conditions are met, the wife divorces the husband, even if he has money from which she can spend on herself and her children from him
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