Divorce is a legal process that allows married couples to end their marriage and go their separate ways. In Nigeria, the process of obtaining a divorce involves adherence to specific legal procedures and requirements. This article provides a detailed guide on how to get a divorce in Nigeria, covering essential aspects such as grounds for divorce, court procedures, and legal considerations.
Grounds for Divorce in Nigeria
Nigeria recognizes several grounds for divorce under the Matrimonial Causes Act, which governs matrimonial issues in the country. These grounds include:
- Adultery: One of the parties engaging in sexual relations outside the marriage without the consent or connivance of the other spouse.
- Unreasonable Behavior: Behaviors that make it intolerable for the petitioner to live with the respondent.
- Desertion: The respondent abandoned the petitioner for a continuous period of at least one year prior to the filing of the divorce petition.
- Separation: Living apart for at least two years and both parties consenting to the divorce.
- Failure to Consummate Marriage: If either party is unable or refuses to consummate the marriage.
The Role of a Lawyer
The initial step in the divorce process is understanding that legal representation is mandatory. A lawyer is required to present your case in court and navigate the complexities of divorce proceedings in Nigeria. This article aims to delve deeper into the divorce process, providing a more comprehensive understanding to better prepare individuals for what lies ahead.
Divorce Process in Nigeria
- Filing a Petition: The divorce process formally begins with the filing of a petition in the High Court. The petition outlines details such as the marriage’s history, reasons for divorce, desired outcomes, and supporting evidence. The petitioner, who initiates the divorce, is represented by their lawyer, while the spouse becomes the respondent.
- Court Response: Once filed, the court assigns a file number and serves the petition on the respondent. The respondent, given a stipulated timeframe, responds to the allegations. The subsequent court proceedings hinge on the respondent’s decision regarding the divorce.
- Court Hearing: If the respondent agrees to the divorce, the court proceeds to hear the case. Witnesses may be called to substantiate the evidence presented.
- Decree Nisi: If the judge determines that a divorce is warranted, a ‘decree nisi’ is granted, signifying the court’s intention to dissolve the marriage. However, a waiting period of three months follows before the ‘decree nisi’ transforms into a ‘decree absolute.’
- Final Orders: The judge has the authority to issue final orders, including custody arrangements for children, maintenance payments, and the settlement of marital property.
Effects of Divorce on Children
Divorce is a complex and emotionally challenging process that can have profound effects on all parties involved, especially children. While not all children will be affected in the same way, research suggests that divorce can have various emotional, psychological, and social consequences for children. It’s essential to note that these effects can vary depending on factors such as the age of the child, the level of conflict between parents, and the support systems in place. Here are some common effects of divorce on children:
- Emotional Impact:
- Stress and Anxiety: Children often experience increased stress and anxiety during the divorce process. The uncertainty about the future, changes in living arrangements, and the emotional turmoil within the family contribute to these feelings.
- Depression: Some children may exhibit signs of depression, characterized by persistent feelings of sadness, low energy, and a diminished interest in activities they once enjoyed.
- Behavioural Changes:
- Acting Out: Younger children may express their distress through regressive behaviours, such as bed-wetting or thumb-sucking. Older children and adolescents may exhibit rebellious behaviour, aggression, or defiance.
- Academic Challenges: Divorce can sometimes lead to a decline in academic performance. Children may find it challenging to concentrate on schoolwork due to emotional turmoil at home.
- Social and Relationship Impact:
- Difficulty Forming Relationships: Children of divorced parents may face challenges in forming and maintaining relationships. Trust issues, fear of abandonment, and difficulty with emotional intimacy can be common challenges.
- Social Isolation: Some children may withdraw from social activities or isolate themselves from peers due to feelings of shame, embarrassment, or a sense of being different.
- Long-Term Effects:
- Impact on Adult Relationships: Children of divorce may carry the emotional scars into adulthood, affecting their ability to form and sustain healthy relationships. Trust issues and a fear of commitment can be lasting effects.
- Higher Likelihood of Divorce: Research suggests that individuals whose parents divorced may be more likely to experience divorce themselves when they enter into marriage.
- Financial Consequences:
- Economic Strain: Divorce often brings about financial changes, and children may experience a decline in their standard of living. Economic strain can contribute to stress and insecurity.
- Parental Conflict and Co-Parenting Challenges:
- Exposure to Conflict: Ongoing conflict between parents, whether during the divorce process or afterward, can be detrimental to children. Witnessing arguments or feeling caught in the middle can exacerbate emotional distress.
- Co-Parenting Challenges: Coordinating parenting responsibilities between two households can be challenging. Inconsistent rules, communication breakdowns, and conflicting parenting styles may further contribute to a child’s stress.
It’s crucial to emphasize that not all children will experience these effects, and many children of divorced parents go on to lead happy, healthy lives. The presence of supportive adults, access to counselling or therapy, and effective co-parenting strategies can mitigate some of the potential negative consequences of divorce on children. Each family situation is unique, and understanding the individual needs of the child is essential for providing the necessary support during this challenging time.
Conclusion: Getting a divorce in Nigeria involves a legal process governed by the Matrimonial Causes Act. Understanding the grounds for divorce, filing procedures, and court processes is crucial for anyone contemplating ending their marriage. Seeking legal advice and representation is highly recommended to navigate the complexities of divorce proceedings in Nigeria and ensure a fair and just resolution.