Best Divorce & Separation Lawyers in Owerri
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List of the best lawyers in Owerri, Nigeria
Nigeria Divorce & Separation Legal Questions answered by Lawyers
Browse our 37 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?
- Infidelity is a good ground for dissolution if there's no condonation on your part. Returning bride price is not the only option applicable to dissolution of customary marriage. Customary court has the jurisdiction to dissolve but be aware that if you you had a valid statutory marriage alongside (e.g church marriage, Registry or licenced place of worship), you need to get a lawyer to file for the dissolution at the High Court. You can reach out for further advice.
- Is 2 to 3 months enough for a divorce to process
- Good day to you. I would say that 2-3 months is most unlikely to conclude divorce proceeding in most circumstances but it may be possible depending on the kind of marriage celebrated and level of contention. Marriages like traditional and Muslim marriage could be easily dissolved within the said months because there may not be need to go through the rigours of court proceedings. On the other hand, a statutory marriage would normally entail the rigours of court processes which would take more time coupled with the level of contentions between parties on issues like sharing of properties, child maintenance, child custody (in case of minor) etc.
- How do I go about filling for a divorce
- This depends on the kind of marriage celebrated. If it's a statutory marriage, you should get a lawyer to file for divorce in the High court for dissolution of the said marriage. If it's a customary marriage, this can be dissolved by a customary court if you intend to have a documentary back up. If it's a Muslim marriage, you may approach a sharia court or go through the less formal procedure by oral declaration and the likes. For statutory marriage, it has to be up to 2 years before being able to apply for divorce else there would be a need to file for leave of court for exceptional cases. In all of this, just get a lawyer to advise you better.
About Divorce & Separation Law in Owerri, Nigeria
Divorce and separation law in Owerri, Nigeria governs the process and legal considerations involved in ending a marriage or partnership. It encompasses various aspects such as division of assets, child custody, alimony, and spousal support. Understanding these laws is crucial when seeking a divorce or separation in Owerri.
Why You May Need a Lawyer
There are several situations where consulting a lawyer specializing in divorce and separation law in Owerri, Nigeria can be beneficial:
- If you want to file for divorce or separation.
- If your spouse has initiated divorce proceedings against you.
- If you need assistance with child custody or support matters.
- If there are complex assets or financial considerations involved.
- If you require guidance on the legal implications of separation.
Local Laws Overview
In Owerri, Nigeria, the following key aspects of local divorce and separation laws are particularly relevant:
- Divorce Laws: In Owerri, divorce can be obtained based on various grounds such as adultery, abandonment, cruelty, or irreconcilable differences.
- Property Division: Owerri follows the principle of equitable distribution, aiming to divide marital property in a fair and just manner between spouses.
- Child Custody: The welfare and best interests of the child are prioritized when determining child custody arrangements in Owerri.
- Child Support: Owerri law necessitates both parents to contribute to the financial well-being of their children, and the amount is determined based on various factors.
- Spousal Support: Owerri allows for spousal support, which is granted based on factors such as financial need and the duration of the marriage.
Frequently Asked Questions
1. How long does it take to get a divorce in Owerri, Nigeria?
The duration of a divorce process in Owerri can vary depending on the complexity of the case and the cooperation of both parties. Typically, it can take several months to a year to finalize a divorce.
2. Can I get a divorce if my spouse refuses to cooperate?
Yes, you can still obtain a divorce even if your spouse refuses to cooperate. However, it may require additional legal steps and involvement from your lawyer to proceed with the divorce process.
3. How is child custody determined in Owerri?
Child custody decisions in Owerri are based on the best interests of the child. Factors such as the child's age, physical and emotional well-being, and the ability of each parent to provide care are considered during the determination process.
4. Will I be entitled to alimony or spousal support?
Spousal support or alimony may be awarded in Owerri under certain circumstances, such as if one spouse requires financial assistance and the other spouse has the means to provide it. The court considers factors like financial need, duration of the marriage, and income disparities when making such decisions.
5. Are prenuptial agreements valid in Owerri?
Yes, prenuptial agreements are generally recognized and considered valid in Owerri. However, they must meet certain legal requirements to be enforceable, such as being voluntarily entered into by both parties and without any signs of coercion or fraud.
Additional Resources
For further assistance and information regarding divorce and separation in Owerri, Nigeria, consider reaching out to the following resources:
- The Nigerian Bar Association - Owerri Branch
- The Family Support Trust Fund
- The Ministry of Justice in Owerri
Next Steps
If you require legal assistance in divorce and separation matters in Owerri, Nigeria, it is recommended to follow these steps:
- Research and identify reputable lawyers or law firms specializing in divorce and separation law in Owerri.
- Schedule a consultation with a lawyer to discuss your specific situation and gain advice tailored to your needs.
- Provide all necessary documentation and information to your lawyer to facilitate the legal process effectively.
- Act promptly on the advice provided by your lawyer and follow their guidance throughout the divorce or separation process.
- Maintain open communication with your lawyer and keep them informed about any updates or changes in your circumstances.
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.