No one ever goes into marriage with the intention to divorce. Primarily, consenting adults go into marriage with the aim of procreation and other needs. However, people get married out of love. But, most times, people realise they married the “wrong person”. Other times it seems that the love they once had had gone sour and there comes a need for divorce. Most times, the marriage will have turned into a battle ground and leaving them with the option of divorce. However they arrive at the situation of divorce, we would wish to show you how to apply for divorce in Nigeria.
Divorced couple would readily tell you that being divorce is synonymous with a “near-death” situation. However, most times, divorce could be a life saving option. Incase you are considering divorce, we bring to you step-by step guide on how to apply for divorce in Nigeria.
Page Table of Contents
How To Apply For Divorce In Nigeria
Before you apply for a divorce, there a conditions upon which divorce can be applied for. They are as provided by the Nigerian Law,. Before you apply for divorce, you must consider the following grounds for divorce.
- No sex. I.e. no consummation of the marriage.
- Adultery (extra marital affair, sex outside wedlock)
- Unreasonable conduct(rape, bestiality, sodomy, habitual drunk, in prison, attempted murder of spouse and intent to or actual bodily harm that causes serious injury)
- Abandonment (should be at least a year prior to the filing of the divorce petition)
- Separation( living apart for a continued period of 2 years prior to the filing of the divorce petition and no objection from the absentee spouse)
- Separation(living apart for a continued period of three years prior to the filing of the divorce petition)
- Failure to comply with a court order regarding marriage or sexual rights, privilege of a marriage.
- Death /reason to believe spouse is dead.
Related Post: Top 5 Causes Of Divorce And How To Avoid Them
Once one or more of the above is ascertained as factual, you can now apply for divorce. Having seen the above, let us look at how to apply for divorce in Nigeria. To apply for divorce, here are the steps to follow.
- Acquire the services of a lawyer.
- The Lawyer writes a “Petition For Divorce” to the relevant court.
- The petition will be served your partner whom you want to divorce.
- The court carries out its investigation and seeks to know if the above mentioned grounds for divorce are established.
- If one or more of the grounds are established and it is proven the applicant for divorce cannot bear them any longer, the divorce is granted. Consequently, the marriage is dissolved.
Also See: How To Cope With Break Ups
Note: Although the steps on how to apply for divorce in Nigeria is simplified here theoretically, practically, these processes could take from days to months. Other issues like child custody as well as property and assets will be sorted out by the law court.
Do you have any question on how to apply for divorce in Nigeria? Ask and we shall attend to the questions. Sharing is caring!