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.
A Fatwa is not enough for issues of dispute, so it is better to take the case to an Islamic court or to an institution that acts on its behalf in non-Muslim countries like Islamic Centres and Islamic institutions there, so that they can study the matter and ask both parties and listen to them, and subsequently issue a ruling which will be binding on them.
However, we can clarify to you these general rulings that are related to the subject:
1- It is not permissible to take your case to non-Islamic courts and according to the Fatwa issued by the Assembly of Muslim Jurists in America, divorce or Khul’ that these courts issue does not lead by itself to the termination of the marriage Islamically.
2- An Islamic judge granting divorce to the wife in the absence of her husband is permissible according to the view of the majority of the scholars ; for more benefit, please refer to Fatwa 122890.
3- In principle, Khul’ does not take place except by mutual agreement between the two spouses; however, in case the wife is harmed by staying with her husband and the husband refuses to grant her Khul’, then it becomes permissible for the Islamic judge to issue Khul’ even if the husband does not agree. For more benefit, please refer to Fatwa 134397.
4- A husband is obliged to spend on his wife (who is still his wife) and on his children from her, and a wife does not lose her right of spending on her unless she is rebellious; for more benefit, please refer to Fataawa 88233 and 92004.
5- Uttering three divorces continuously is considered as three divorces according to the view of the majority of the scholars unless the husband intended to confirm the first divorce by uttering the second and third divorces; in which case, it is only one divorce that takes place as we already clarified in Fatwa 94110.
6- There are some conditions for the marriage contract and if they are met it is a valid marriage even if it is not authenticated by the court and the like. Authenticating marriage is an additional matter which is intended to protect the rights (of both parties) and it has no relation with the original marriage contract; for more benefit, please refer to Fatwa 83629.
7- A husband should keep good marital relationship with his wife as a way of acting according to the commandment of Allaah. No doubt, driving the wife out of the house is contrary to keeping good marital relationship with her. So, if there is a dispute between the spouses, either by the husband being recalcitrant or the wife being rebellious, then the Sharee’ah clarified the method of dealing with a rebellious wife as in Fatwa 85402, and the method of dealing with a recalcitrant husband as in Fatwa 88526.
Allaah Knows best.