Please help whats the best way to get a divorce done and easier

Don't get married

bukatyne:
Don't get married

Gbam !!! Straightforward. One bottle of moet and pepper soup on the way for you.

bukatyne:
Don't get married

Perhaps he's already married

crackkhaus:

Perhaps he's already married

Well divorce is neither easy nor cheap.

It might be the best option in certain situations when all else has failed.

Catchfirez:


Gbam !!! Straightforward. One bottle of moet and pepper soup on the way for you.

Keep the moet and send the pepper soup.

Preferrably fish peppersoup.

I don't want catfish: it is usually hard to spice.

Stop having sex for three months straight. Know the type of marriage you had. If it's customary marriage then you don't really need to worry about going to court because such marriage is not recognised by law. If it's marriage under the act, you will get a lawyer who will file a petition for you in court. Your wife will be served with the petition and a date will be fixed for hearing. Your marriage must be at least three years before you can file a divorce. Divorce process can take minimum of six months or more

berbz:
Please help whats the best way to get a divorce done and easier

Marriage is two years sir. Can I still opt out

cerpvad:
Stop having sex for three months straight. Know the type of marriage you had. If it's customary marriage then you don't really need to worry about going to court because such marriage is not recognised by law. If it's marriage under the act, you will get a lawyer who will file a petition for you in court. Your wife will be served with the petition and a date will be fixed for hearing. Your marriage must be at least three years before you can file a divorce. Divorce process can take minimum of six months or more

What type of marriage did you do?

berbz:
Marriage is two years sir. Can I still opt out

divorce is expensive. You can separate instead

If they both have mutual understanding and agreement that each can remarry, then they can separate without the stress of going through the cost of divorce. But if the lady refuses or disagree to be divorced, the matter will have to go to court

Mizwisdom:
divorce is expensive. You can separate instead

cerpvad:
What type of marriage did you do?

marriage under the act

cerpvad:
If they both have mutual understanding and agreement that each can remarry, then they can separate without the stress of going through the cost of divorce. But if the lady refuses or disagree to be divorced, the matter will have to go to court

but what the agreement is mutual

Mizwisdom:
divorce is expensive. You can separate instead

what of the futures

Oh ok. Have you told her you want a divorce? If yes. Did she agree to it?

berbz:
marriage under the act

Since its Marriage under the Act, the court cannot accept your divorce petition now. You will have to wait till the marriage clocks three years and during this period, don't have sex with her. If you have sex with her, you will start counting another three years from when you have the sex before you can file a divorce again.

cerpvad:
What type of marriage did you do?

Since its Marriage under the Act, the court cannot accept your divorce petition now. You will have to wait till the marriage clocks three years and during this period, don't have sex with her. If you have sex with her, you will start counting another three years from when you have the sex before you can file a divorce again.

berbz:
marriage under the act

If it is the mutual decision of the two of you to get divorce, the matter will be faster. You may not even have to rush the divorce process in court. But if she refuses to divorce you, that's where the problem lies because you will not be able to remarry and move on with your life until the court grants the divorce in your favor.

berbz:
but what the agreement is mutual

Lol.

This unyoking is not a small sturvs

cerpvad:
Oh ok. Have you told her you want a divorce? If yes. Did she agree to it?

Yes we've both reach an agreement to divorce. She told me to get the divorce papers and she'll sign

cerpvad:
Since its Marriage under the Act, the court cannot accept your divorce petition now. You will have to wait till the marriage clocks three years and during this period, don't have sex with her. If you have sex with her, you will start counting another three years from when you have the sex before you can file a divorce again.

okay thanks . I really appreciate

cerpvad:
If it is the mutual decision of the two of you to get divorce, the matter will be faster. You may not even have to rush the divorce process in court. But if she refuses to divorce you, that's where the problem lies because you will not be able to remarry and move on with your life until the court grants the divorce in your favor.

is it safe to move out of the house now

Just separate first and then work your way towards divorce. In order to do anything well, you must not rush.

You are lucky she agrees to divorce

berbz:
Yes we've both reach an agreement to divorce. She told me to get the divorce papers and she'll sign

If there is a threat to your life, staying with her under the same roof is not safe

berbz:
is it safe to move out of the house now

Once a marriage conducted under the Act is two years, you do not require the leave of Court to file a petition for the dissolution of marriage (or divorce papers).

Once the marriage has been consummated, the issue of sex or lack of it is no longer an issue so kindly ignore the advice to "stop having sex", it matters not.

You need a lawyer if you want to dissolve your marriage conducted under the Act, the Court must be the one to dissolve it even if both of you (the husband and wife) are in agreement. Kindly contact a lawyer for proper advice.
Here's my email if you have questions: lasakitemitayo@gmail.com

cerpvad:
If there is a threat to your life, staying with her under the same roof is not safe

kinda

THE PRINCIPLE OF NO FAULT DIVORCE IN NIGERIA
A no-fault divorce is a form of dissolution of marriage where the proof of wrongdoing is not required to be shown by either party. A no fault divorce in Nigeria are indirectly provided by the virtue of the Section 15(1) and Section 15 (2) ( e ) and ( f ) of the Matrimonial Causes Act L.F.N. 1990 (the Act)
Before analyzing the Nigerian provisions of laws stipulated above, it is worthy of the note to state that no law expressly provided for no fault divorce in Nigeria unlike what is currently available in all states of the United States where couple or a spouse may bring a divorce petition merely on irreconcilable differences without necessarily alleging any wrongdoing or trade blames.
Under the Nigerian law, a party seeking to divorce is mandated to satisfy the provision of Section 15(1) of the Matrimonial Causes Act, which provides as follows:
“A petition under this Decree (Act) by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably”.
Unlike in the United States of America where a party can just assert the above ground without any further proof, under the Nigerian law, a party seeking to divorce must also comply with the provisions of Section 15 (2) of the Act, which provides as follows:
The court hearing a petition for a decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably if, but only if, the petitioner satisfies the court of one or more of the following facts:

1. a) That the respondent has willingly and persistently refused to consummate the marriage. For this fact to be pleaded, the petitioner must prove that the respondent has failed to have sexual intercourse h he/she, but where it is proved that sex occurred even once, the marriage will be deemed consummated and therefore the petitioner cannot rely on this ground for divorce.

2. b) That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent. For this fact to hold water in court, the petitioner must prove that not only does the other party commit adultery, but he/she finds it unbearable to live with such infidelity.

3. c) That since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

4. d) That the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition. The desertion means that the respondent has abandoned the matrimonial home without justification.

5. e) That the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition does not object to the decree of dissolution being granted

6. f) That the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition

7. g) That the other party to the marriage has for a period of not less than one year failed to comply with a decree of restitution of conjugal right made under the Marriage Causes Act.

8. h) That the other party to the marriage has been absent from the petitioner for such time and in such circumstances has to provide reasonable grounds for presuming that he/ she is dead.
It is obvious that the process for divorce in Nigeria is largely predicated on a fault basis. The Nigerian current system of divorce was largely copied from the British adversarial divorce process, which its change or amendment is likely to take place in year 2020 pursuant to the proposed legislation in English parliament.
However, considering the Section 15(2) (e) and (f) of the Matrimonial Causes Act of Nigeria, it is obvious some sort of limited no fault divorce are available for couple who intend to divorce without necessarily throw any blames.
Section 15(2) ( e ) of the Act allows couple to file for divorce without trading any blames only if the couple have been separated for a period of two years and they both consented to divorce. With the provision of this Act, either of the couple who have not cohabited for two years can file for a divorce without alleging or apportioning any blame to the other party, provided he or she will not oppose the divorce.
Another provision for a limited no fault divorce in Nigeria is the provision of Section 15(2) (f) of the Act which provides that where the couple have lived apart for a period of at least 3 years immediately preceding the presentation of the divorce petition. This implies that a couple who have lived apart for a minimum of three years needs not to provide further facts by apportioning blames to the other party in order to get a divorce. In the case of Ochei v. Ochei (1973) E.C.S.N.L.R., it was affirmed that a divorce court has no further discretion to exercise as to which of the party who caused the living apart when the Oputa J. stated as follows “ … the court has not got to consider the domestic history of the parties in order to decide who is the guilty party in the living apart”
In conclusion, it is right to conclude that there is a limited no fault divorce allowed in Nigeria, but strictly subject to the provisions of Section 15(2) (e)(f). The major benefit of the no-fault divorce is that it enables the family who are going through difficulties of divorce to suffer no additional pain of having have to divulge the privileged family information to a public court, which may further affect the quick healing and recovery needed by the couple, especially when they still both have children together who may suffer the consequence of the family separation.

Credits: https://www.resolutionlawng.com/the-concept-of-no-fault-divorce-in-nigeria/

Teezzbond:
Once a marriage conducted under the Act is two years, you do not require the leave of Court to file a petition for the dissolution of marriage (or divorce papers).

Once the marriage has been consummated, the issue of sex or lack of it is no longer an issue so kindly ignore the advice to "stop having sex", it matters not.

You need a lawyer if you want to dissolve your marriage conducted under the Act, the Court must be the one to dissolve it even if both of you (the husband and wife) are in agreement. Kindly contact a lawyer for proper advice.
Here's my email if you have questions: lasakitemitayo@gmail.com

Check your email

Teezzbond:
Once a marriage conducted under the Act is two years, you do not require the leave of Court to file a petition for the dissolution of marriage (or divorce papers).

Once the marriage has been consummated, the issue of sex or lack of it is no longer an issue so kindly ignore the advice to "stop having sex", it matters not.

You need a lawyer if you want to dissolve your marriage conducted under the Act, the Court must be the one to dissolve it even if both of you (the husband and wife) are in agreement. Kindly contact a lawyer for proper advice.
Here's my email if you have questions: lasakitemitayo@gmail.com

When my sister decided to get divorced it was pretty tough staff, so they started with legal separation, I won't describe you the whole process, it is precisely described here https://divorceonlineutah.com/legal-separation-in-utah so may be it is possible for you to start from that and file a divorce later.

cerpvad:
Since its Marriage under the Act, the court cannot accept your divorce petition now. You will have to wait till the marriage clocks three years and during this period, don't have sex with her. If you have sex with her, you will start counting another three years from when you have the sex before you can file a divorce again.

I see you are still active on nairaland, I will like to get your contact and speak to you about divorce.

It is quiet urgent.

Where are our lawyers?