Going through a divorce can be a difficult process, but understanding the steps involved can make it easier. This guide provides a step-by-step process for filing for divorce in Nigeria.
Divorce can be a challenging and emotional process, but knowing what to expect can help make it easier. If you’re considering filing for divorce in Nigeria, it’s important to understand the steps involved in the process. This guide provides a step-by-step overview of what you can expect when filing for divorce in Nigeria.
Understand the Grounds for Divorce.
Before filing for divorce in Nigeria, it’s important to understand the grounds for divorce. The Matrimonial Causes Act of 1970 outlines the reasons for which a marriage can be dissolved. These include adultery, unreasonable behavior, desertion, separation for at least two years with the consent of both parties, and separation for at least three years without the consent of the other party. It’s important to note that the burden of proof lies with the petitioner, meaning they must provide evidence to support their claims.
Seek Legal Advice.
Before proceeding with filing for divorce in Nigeria, it’s important to seek legal advice from a qualified lawyer. A lawyer can help you understand the legal process, your rights, and the potential outcomes of your case. They can also assist you in preparing and filing the necessary documents, and represent you in court if necessary. It’s important to choose a lawyer who specializes in family law and has experience handling divorce cases in Nigeria.
Prepare and File a Petition for Divorce.
The first step in filing for divorce in Nigeria is to prepare and file a petition for divorce. This document outlines the reasons for the divorce and the relief being sought. The petition must be filed in the appropriate court, which is typically the High Court of the state where either spouse resides. The petition must be served on the other spouse, along with a summons to appear in court. It’s important to ensure that the petition is properly drafted and filed, as any errors or omissions could delay the process or result in the case being dismissed.
File For Any temporary Orders
When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the request
Serve the Petition to Your Spouse.
After preparing and filing the petition for divorce, the next step is to serve it on your spouse. This involves delivering a copy of the petition and summons to your spouse in person or by registered mail. If your spouse is outside of Nigeria, you may need to follow specific procedures for international service of process. It’s important to keep proof of service, such as a signed acknowledgement of receipt or a certificate of service, as this will be required for the court to proceed with the case.
Attend Court Hearings and Finalize the Divorce.
After serving the petition, the court will schedule a hearing to determine the terms of the divorce. Both parties will be required to attend the hearing and present their case. If the court finds that the grounds for divorce are valid and all issues have been resolved, a final judgment will be entered. This judgment will include the terms of the divorce, such as property division, child custody, and support. It’s important to follow the terms of the judgment, as violating them can result in legal consequences. Once the judgment is entered, the divorce is finalized.
MzAgams 