Best Divorce & Separation Lawyers in Gbagada
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List of the best lawyers in Gbagada, Nigeria
Nigeria Divorce & Separation Legal Questions answered by Lawyers
Browse our 29 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.
- Can a woman seek divorce from her husband if he cheated and got another lady to bear a child for him?
- The marriage happened in 2019. No court wedding, just a church and a traditional wedding. Also, no child throughout the wedding period. Husband got another lady pregnant and bore a child for him while still married. Is this enough grounds to dissolve the marriage, and what's the best approach if... Read more →
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Lawyer answer by Papireddy Associates
Yes, a woman can seek dissolution of her marriage if her husband cheated and had a child with another woman while still married, as adultery is a recognized ground for divorce under Indian law, including for marriages performed traditionally or...
Read full answer - Is 2 to 3 months enough for a divorce to process
- Can I file for a divorce on grounds of fertility negligence, and my husband says he doesn't want to have children with me? Bullying by his brother? Accusations of his brother's child dying because of my prayers? Saying he was lured into marrying me?
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Lawyer answer by Guidance Law Firm
You can successfully sustain a divorce suit on the grounds you stated. However, 2 to 3 months is not enough for the divorce suit to be concluded in court. It will take at least six months for the divorce to...
Read full answer - How do I go about filling for a divorce
- It is obvious that the marriage is no longer working and both of us are exhausted trying to make it work. How do we go about it?
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Lawyer answer by Solomon & Co.
Filing for divorce involves specific procedures depending on your personal law - mutual consent divorces are quicker, while contested cases require detailed grounds, evidence, and court hearings. The process includes filing a petition, possible counseling/mediation, and a final decree by...
Read full answer
About Divorce & Separation Law in Gbagada, Nigeria
Divorce and separation laws in Gbagada, Nigeria are guided by Nigerian family law, which is influenced by a combination of the English Common Law, statutory law, and customary law. The dissolution of marriage in Nigeria is generally under the jurisdiction of state high courts, and Gbagada, being in Lagos State, adheres to the laws applicable in this region. Divorce can be a complex legal process, often requiring a petitioner to cite specific grounds such as adultery, unreasonable behavior, or living apart for a certain duration. These laws aim to address issues related to child custody, property division, and maintenance in a manner that is fair and equitable.
Why You May Need a Lawyer
Navigating the intricacies of divorce and separation can be emotionally and legally challenging. A lawyer can provide crucial assistance in various situations including the negotiation of settlements, representation in court, and ensuring that your rights and interests are protected. People may seek legal help when there are disagreements over children custody, asset distribution, or when the case involves complex legal questions. A skilled divorce lawyer can also help mediate disputes out of court, saving time and reducing emotional strain.
Local Laws Overview
In Gbagada, the key aspects of local divorce laws include recognizing both statutory and customary marriages. Statutory marriages are governed under the Matrimonial Causes Act, which requires one of the parties to have resided in Nigeria for at least a year before filing for divorce. The court must also be convinced that the marriage has broken down irretrievably. Child custody cases are determined based on the children’s best interest, focusing on welfare, security, and emotional well-being. Furthermore, how property is divided during divorce can be influenced by the type of marriage (statutory or customary) and each party's contribution to the property in question.
Frequently Asked Questions
What are the grounds for divorce in Nigeria?
In Nigeria, the legal grounds for divorce include adultery, unreasonable behavior, desertion for at least one year, living apart for a continuous period of two years with consent, and living apart for at least three years, among others.
What is the difference between separation and divorce?
Separation involves living apart from your spouse without legally ending the marriage, while divorce is the legal dissolution of a marriage by a court or other competent body.
How long does the divorce process take?
The duration of the divorce process varies based on the complexity of the case, cooperation between the parties, and the court's schedule, but it typically takes several months to a few years.
Can I get a divorce if my spouse disagrees?
Yes, you can still obtain a divorce if your spouse disagrees. A court can grant a divorce if it is satisfied that the marriage has broken down irretrievably.
What happens to property after divorce?
Property division depends on factors like contribution to the marriage, earning power, and custody of children. Courts strive for a fair distribution but this does not always mean equal.
How is child custody determined?
Child custody is determined based on the best interest of the child, including their physical, emotional, and educational needs.
Is it possible to modify custody arrangements?
Yes, you can request the court to modify custody arrangements if there is a significant change in circumstances affecting the welfare of the child.
Do I need evidence to get a divorce?
Yes, providing evidence supporting the grounds for divorce, such as adultery or unreasonable behavior, is typically required.
Can I handle my divorce without a lawyer?
While it's possible to manage a divorce without a lawyer, it is advisable to seek legal counsel, especially in complex cases involving assets or children.
How are legal fees typically handled?
Legal fees vary by lawyer and complexity of the case. Some may offer fixed rates, while others charge hourly. Discuss payment expectations upfront with your attorney.
Additional Resources
For further guidance, individuals can contact the Lagos State Ministry of Justice or visit the Legal Aid Council for assistance. Additionally, organizations such as FIDA (International Federation of Female Lawyers) offer support to women in divorce and separation matters.
Next Steps
If you require legal assistance, begin by consulting with a qualified family lawyer specializing in divorce and separation in Gbagada. Prepare all necessary documentation, including marriage certificates, evidence supporting your grounds for divorce, and information about joint assets and children. This initial consultation can guide you on what steps to take next, whether it's moving forward with mediation or preparing for court proceedings.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.