Divorce

Divorce is the legal process of ending a marriage, where a court officially dissolves the union between two spouses. In Kenya, divorce can be granted based on reasons like:

  • Adultery – A spouse has been unfaithful.
  • Cruelty – Physical or emotional abuse.

  • Desertion – One spouse abandons the other for at least 3 years.
  • 
Irretrievable Breakdown – The marriage cannot be saved.

Divorce cases are handled in the High Court (for civil marriages) or religious/customary courts (for religious/customary marriages). The divorce process in Kenya depends on the type of marriage (civil, customary, Christian, Hindu, or Islamic). Below is a general step-by-step process for dissolving a marriage:

Step 1: Determine Grounds for Divorce

You must prove at least one valid reason for divorce, such as:

  • Cruelty (emotional/physical abuse)

  • Adultery (cheating)
  • Desertion (abandonment for 3+ years)

  • Irretrievable Breakdown (marriage cannot work anymore)

Step 2: File a Divorce Petition

  • Go to the High Court (for civil and Christian marriages) or the relevant court for customary, Islamic, or Hindu divorces.
  • File a divorce petition stating the reasons for divorce.
  • Pay the court filing fees.

Step 3: Serve the Other Spouse

  • The court issues divorce papers to the other spouse (Respondent).
  • The Respondent has 15–30 days to reply.

Step 4: Court Hearing

  • Both spouses (or their lawyers) present evidence.
  • The judge listens and decides if the divorce should be granted.

Step 5: Issuance of Decree Nisi

  • If the court agrees, it first issues a Decree Nisi (temporary divorce order).
  • This lasts 30 days, allowing time for possible reconciliation.

Step 6: Issuance of Decree Absolute

  • After 30 days, if no objections are raised, the court issues a Decree Absolute (final divorce order).
  • The marriage is now legally dissolved.

Other Considerations

Child Custody & Support – If children are involved, the court decides custody and financial support.
 Division of Property – The court determines how assets and debts are shared.

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Would you like help understanding a specific step in this process? Talk to us!

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