1. Consult a Divorce Lawyer
• Your lawyer will assess your case and prepare all necessary court documents.
2. File a Petition at the High Court
• Your lawyer files a petition for dissolution of marriage in the High Court of the state where either party resides.
3. Service of Court Processes
• The court serves the divorce papers to your spouse (the respondent).
4. Response from the Other Party
• The respondent can file a reply (e.g., agree or contest the divorce).
5. Court Hearing
• If the divorce is contested, both parties will present evidence and may testify.
6. Judgment
• If the court finds that the marriage has irretrievably broken down, it will issue a Decree Nisi (temporary order).
7. Decree Absolute
• After 3 months, the Decree Nisi becomes Decree Absolute, officially ending the marriage.
Documents Required to File for Divorce in Nigeria
- Marriage certificate (original or certified copy)
- Sworn affidavit or witness statements
- Address of the spouse (for service)
- Evidence of grounds for divorce (if needed)
- Photographs or letters (in case of adultery or abuse claims)
How Long Does Divorce Take in Nigeria?
- Uncontested Divorce: 3 to 6 months
- Contested Divorce: 6 months to 2+ years, depending on complexity
How Much Does It Cost to File for Divorce in Nigeria?
• Legal fees for a divorce lawyer: ₦1,000,000 – ₦1,500,000+ depending on complexity, location, and whether the divorce is contested
What About Child Custody and Property Sharing?
These are separate proceedings, but they can be included in the divorce process:
• Child Custody: Determined in the best interest of the child
• Maintenance & Support: Court can order one spouse to pay upkeep
• Property Division: Based on contribution, need, and fairness, its not automatic 50/50
Do You Need a Lawyer to File for Divorce in Nigeria?
Yes. Nigerian law does not allow self-representation in divorce proceedings. Only a licensed lawyer can file a petition for divorce in court under the Matrimonial Causes Act.
We Can Help You File for Divorce
At Olamide Oyetayo & Co, we provide confidential, compassionate, and professional representation in divorce and family law matters. Whether you want to initiate or respond to a divorce petition, we guide you through every legal step.
FAQs About Divorce in Nigeria
Q: Can I get a divorce without my spouse’s consent?
A: Yes, as long as you can prove the marriage has broken down irretrievably.
Q: Can I file for divorce without a marriage certificate?
A: No. A marriage certificate is required to prove the marriage exists.
Q: Do I have to appear in court?
A: Yes, even in uncontested cases, you may be required to testify briefly.
Q: Can I remarry immediately after divorce?
A: Only after the Decree Absolute is issued.