How to Process/ Get/ File for Divorce in Nigeria

Marriage is meant to foster a lasting relationship between two intending couples.

However, for one reason or the other, things might not work out as planned and you have a change of heart. Then the issue of divorce sets in.

Divorce should however be the last resort.

You might wonder, if I want it, how do I file for divorce in Nigeria?

Let us go through step by step:

Filing a petition

The first step according to law requires the filing of a petition by a party to the marriage for a decree of dissolution of the marriage presented to the court. But the marriage must have broken down irretrievably.

This means that the petitioner and respondent have reached a point where they can no longer bear to live with one another as lawfully wedded husband and wife.

The court upon receipt of the petition will verify that one or more of the following applies to the married party:

  • That either party has willfully and persistently refused to consummate the marriage
  • That either of the married party has committed adultery and the partner can no longer tolerate his/her partner
  • That either party can no longer tolerate the behavior of the second party
  • That either of the married party has been abandoned for up to one year from the day the petition was filed
  • That both parties have been living apart for a period of two or three years from the day the petition was filed and have no objection with regards to the dissolution
  • That either party has failed to comply with restitution of conjugal rights for at least a year
  • That either party of the married couple has been missing for such a long time and has thus been presumed dead.
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These are the conditions required by law before filing a petition for divorce.

Meeting the Court Requirement

After filing a petition, the court will also carry out an assessment of the situation and determine if the petitioner has been afflicted with a number of situations.

At this stage, the court would however ensure that one or more of the conditions stated above have been met by the petitioner.

The scenarios that are considered for a divorce include cases in which the second party or respondent has been in involved in the following:

  • Rape, sodomy, or bestiality
  • Habitual drunkenness
  • Frequent convictions for crime in respect of which the respondent has been sentenced and imprisoned for a period not less than three years,
  • Failure to pay maintenance for the petitioner
  • An attempt to murder or unlawfully kill the petitioner
  • Found to be of unsound mind and unlikely to recover
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Once the court determines the presence of any of the above situations, the petitioner is granted the right to divorce the respondent and other things such as settlements and child custody issues where applicable will then be sorted out.

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Add a Comment
  1. Are u divorcing her because ur girlfriend have a baby for u, and u love ur girl friend. Didn’t u love ur wife before u married her, I advise u to pray because u need God’s guidance and wisdom so that u don’t get ur self into trouble

  2. Adesuwa

    I want to divorce my wife, the marriage is 6yrs without any issue and she is so unrulling there by causing me moodiness all the time, pls whats ur take on this?

    1. The problem is from u why are u getting moody she is ur wife and u said u love her when u married her, u should learn to deal with her attitude that gets u moody and be happy may be that when the kids will come

  3. F. Giwa

    Call any of these numbers for legal advice. 08055115298 or 08177580958

  4. Olawumi Mayaki

    I want to divorce my Husband because i dont want him again he already had a child and he is no where to be found i want to change my name back to my fathers name i dont have a child for him

  5. Jane

    I was married for 5 years and we’ve been separate for 4 years without any legal separation/divorce. As i speak i don’t know where my so called husband is, he left i and our 2 kids without welfare or call from him for this 4years. I want to be a free woman so i can live my life and start up another family. How do i go about it? Pls.

    1. Peter James

      Please check your attitude. No man will ever run away from a Good Wife

      1. ally

        You need to check your thinking cos some men can do it.

      2. Gold

        you dont reply people like this. Men can ran away from their good wives! it all depends on different factors. What ever the case may be, a responsble man shouldnt do that but considers his children’s parenting

  6. Licia

    I want to divorce my hubby, how do i go about it, i have no child for him yet. Because he beats me all the time, just fed up

    1. Please call any of this numbers: 08057542266, 08102678443

    2. Please call the fast any man that beats his wife have mental problems.

  7. gabriel

    I want to know d cost for marriage dissolution I wnt to divorce my wife d marriage is 3yrs old wit no issue.

    1. Are u divorcing her because no issue,if yes think before u leap u are not God and pray

  8. chinda

    I want to divorce my wife cause my girlfriend have a baby for me and I love her

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