Filing for divorce in Nigeria involves several steps and adhering to legal procedures. The process can vary depending on the circumstances, but here is a general outline of the steps to follow when filing for divorce in Nigeria:
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Consult an Attorney:
- Before initiating divorce proceedings, it’s advisable to consult with an experienced family law Attorney in Nigeria. They can provide guidance on the legal requirements and help you understand your rights and options.
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Grounds for Divorce:
- Determine the grounds for divorce. In Nigeria, though divorce can be sought on various grounds, including adultery, cruelty, desertion, living apart, amongst others, the omnibus ground for divorce is that the marriage has broken down irretrievably. You’ll need to establish valid grounds for your divorce case.
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Living apart Period:
- Depending on the grounds for divorce, there may be a mandatory living apart period before you can file for divorce. The length of this period can vary.
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Draft a Divorce Petition:
- Work with your Attorney to draft a divorce petition. This legal document outlines the details of your marriage, the grounds for divorce, and the relief or orders you seek, such as child custody, property division, welfare, amongst many others.
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Filing the Divorce Petition:
- File the divorce petition at the appropriate Court. In Nigeria, matrimonial petitions are typically handled by State High Courts.
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Service of Process:
- Ensure that your spouse is served with a copy of the divorce petition and any accompanying documents. Service can be done through personal delivery, registered mail, or publication in a newspaper if your spouse’s whereabouts are unknown.
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Response from the Other Party:
- After being served with the divorce papers, your spouse has a specified period to respond to the petition. They may either contest the divorce or consent to it.
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Settlement or Mediation:
- In some cases, the court may encourage both parties to consider reconciliation or mediation. If an amicable agreement is reached, it can be presented to the court for approval.
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Court Hearings:
- If the divorce is contested or if there are issues to be resolved, the court will schedule hearings. During these hearings, both parties will present their arguments and evidence.
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Judgment and Decree Nisi:
- If the court is satisfied with the evidence and arguments presented, it will issue a judgment granting the divorce. This judgment is known as a “Decree Nisi.”
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Waiting Period:
- After the Decree Nisi is granted, there is usually a waiting period (usually three months) before the court issues a final divorce decree called the “Decree Absolute.” During this period, the court ensures that there are no objections or issues that need to be addressed.
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Decree Absolute:
- Once the waiting period is over, and no objections are raised, the court will issue the Decree Absolute, finalizing the divorce. This decree officially dissolves the marriage.
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Post-Divorce Matters:
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- After the divorce is finalized, you may need to address matters such as child custody, visitation rights, and the division of property and assets as per the court’s orders.
It’s important to note that it is essential to consult with a legal professional who is familiar with the laws and procedures as regards matrimonial matters. Additionally, the process can be emotionally and legally complex, so seeking legal counsel is highly recommended to ensure that your rights and interests are protected throughout the divorce proceedings.
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