Does a divorce take place when a man divorces his wife in an American court due to polygamy and child custody, even though he did not intend to divorce and did not utter the words of divorce, and given that the wife refuses to return to him after their separation for eight years and the loss of their children?

If the husband does not utter the divorce or intend it, nothing is incumbent upon him. However, if he utters an explicit divorce, such as "she is divorced," the divorce takes place even if he did not intend it. It also takes place with an ambiguous expression (kinayah) combined with the intention, such as "I have separated from her." An subsequent declaration that he did not divorce her is of no avail unless he had two or more just witnesses bear witness before uttering the divorce that he was coerced into it (شهادة الاسترعاء - testimony of anticipation).

In the event of a divorce taking place and the waiting period (iddah (definition)) expiring, the wife becomes irrevocably separated from her husband. She has the right to refuse to return to him, and if she agrees, a new marriage contract must be concluded with all its pillars. If it was the third divorce, she becomes unlawful for him until she marries another husband in a marriage of desire and he divorces her after consummation.