How to get a divorce in Nigeria (Step-by-step process)

The sole ground for divorce in Nigeria is the irretrievable breakdown of the marriage. ALSO READ: 5 relationship lessons women can learn from Tuface & Annie’s divorce saga To prove this, the petitioner (the spouse initiating the divorce) must establish one or more of the following according to Section 15 of Matrimonial Causes Act: Lack of Consummation – The respondent has persistently and willfully refused to consummate the marriage.Adultery – The respondent has committed adultery, and the petitioner cannot tolerate living with them because of it.Intolerable Behavior – The respondent has behaved in a way that makes it unreasonable for the petitioner to continue living with them.Desertion – The respondent has deserted the petitioner for at least one year.Two-Year Separation – The parties have lived apart for at least two years, and the respondent has no objection to the divorce.Three-Years Living Apart – The parties have lived apart for three years, even if the respondent does not consent to the divorce.Failure to Comply with a Decree of Restitution of Conjugal Rights – The respondent has failed to comply with a decree of restitution of conjugal rights for at least one year.Presumption of Death – The respondent has been absent for an extended period to the point where they are presumed dead. ALSO READ: I was Nigeria’s sweetheart until I got divorced – Tiwa Savage Divorce cases for statutory marriages must be filed in the High Court in the state where either spouse resides or where the marriage was celebrated and the divorce process can take anywhere from several months to a few years, depending on the complexity of the case and the court’s workload. Uncontested divorces tend to be faster. It is also important to note that a divorce petition cannot be filed within the first two years of marriage unless the court grants permission due to exceptional hardship. Step-by-Step Divorce Process PetitionThe petitioner files a divorce petition in the High Court, providing details of the marriage (names, marriage date, children, and family properties) and stating the grounds for divorce. ServiceThe court bailiff serves the divorce petition to the respondent. If the respondent cannot be personally served, the court may allow substituted service (e.g., pasting the petition on the door or sending it by email). Answer and Cross-PetitionThe respondent can admit or deny the allegations in the petition. If the respondent disagrees, they may file a cross-petition, stating their own reasons for divorce. Compulsory Conference (Mediation)If children are involved (under 18 years) or property settlement is in question, the court may order both parties to attend a mediation session to resolve disputes. If no agreement is reached, the court will decide on the issues. TrialIf the case goes to trial, both parties present their evidence, and witnesses may testify. If the respondent fails to respond to the petition, only the petitioner will testify, and the respondent loses the right to testify. JudgmentThe court assesses the evidence and delivers its judgment. If the court finds the marriage has irretrievably broken down, the judge grants a decree nisi (a provisional divorce order). Decree AbsoluteAfter 90 days, the petitioner can apply for a decree absolute, which is the final divorce order that officially dissolves the marriage. The court would also address issues like child custody & access, property settlement and spousal & child support alongside the divorce. Divorce cases vary greatly, and it’s important to consult with a lawyer to understand the specific requirements for your situation. ALSO READ: The only country in the world where divorce is illegal