Procedures you will under take in divorcing or separating from a man or woman in Nigerian. First of all, you need to know the grounds at which you can use to divorce your husband in Nigeria.
GROUNDS FOR DIVORCE IN NIGERIA
- Resistance from the other spouse to have his conjugal right, when the spouse has refused to consummate the marriage.
- Caught in the act of adultery and is unbearable to other spouse to bear. Since the marriage respondent has behaved in such a way that the petitioner cannot be expected to live with the respondent.
- If a spouse has gone away for a long period of time like 6-7 years, under the Evident Act of missing is assumed dead.
- Brutality is another ground for a divorce, in a situation where the other spouse brutalizes the other repeatedly.
- Agreement of both parties is really necessary to be used especially when both are staying apart for a long period of one-two years.
- that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act.
- The partner has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition.
HOW TO DIVORCE A HUSBAND IN NIGERIA
Divorce officially starts when your lawyer files a petition for divorce in High court, the petition document states basically who you are married to and case, how long you both have been married and where you got married, reason why you need a divorce and evidence to support your divorce case. As soon as the divorce document is given a number in the High court, the family court division, the petition will be delivered to your husband and your husband’s lawyer will be given some days base on the state the petition was filed from, your husband’s respond determines the divorce (if he wants it).
When preparing for separation, you need to understand the type of marriage you have, Divorce process depends on the marriage solemnized, it could be just you and partner or licensed from a marriage registry.
Have you asked yourself why you need a divorce, reasons for separation or resolving your marriage?
Matrimonial Causes Act, the law which governs the divorce, process in Nigeria, Certain stated ground which can be used to dissolve or separate marriage, e.g. Adultery, brutality, because it can lead to death and living separately from each other for 3-4 years and criminal.
Lastly u start asking yourself what you want after you might have divorced, who takes the children custody, how will u maintain and take care of the children, will he assist you? How will the properties be shared and all the properties you desire to have.