Divorce is the legal dissolution of a marriage by a court. In Kenya, it is governed by the Marriage Act, 2014, which allows spouses to file for divorce under specific circumstances depending on the type of marriage (civil, customary, Christian, Islamic, or Hindu).

🗓️ Divorce Filing Process in Kenya

1. Grounds for Divorce

You must prove at least one of the following:

• Adultery
• Cruelty (emotional or physical abuse)
• Desertion (abandonment for at least 3 years)
• Irretrievable breakdown of marriage (e.g. neglect, prolonged separation)
• Imprisonment or mental illness of a spouse (in some cases)

⚖️ For civil marriages, parties must have been married for at least 3 years unless in extreme cases.

2. Filing the Petition

• Prepare and file a divorce petition at the High Court (Family Division) or Magistrate’s Court (depending on jurisdiction).
• Include:
  • Marriage certificate
  • Evidence supporting your grounds
  • Children or property details (if applicable)

📝 Our firm prepares and files all necessary court documents to initiate the process properly.

3. Service of Documents

• The petition must be served on the other spouse, who has a chance to:
  • Admit the claim
  • File a response or cross-petition
  • Deny the allegations

📨 We handle proper service through court-approved channels to avoid delay.

4. Court Hearing

• The court reviews:
  • Testimonies from both parties
  • Any supporting evidence
  • Possibility of reconciliation (mandatory in some cases)

If no reconciliation is reached, the court proceeds to judgment.

⚖️ We represent you during the hearing, presenting your case clearly and professionally.

5. Issuance of Decree

• Decree Nisi: Provisional order declaring the court’s intent to dissolve the marriage.
• Decree Absolute: Final order legally dissolving the marriage (usually after 30 days).

📜 Our lawyers follow up with the court and ensure you receive the final orders promptly.

💼 Why Choose Our Firm – AWK Advocates?

At AWK Advocates, we understand divorce is more than legal paperwork—it’s emotional, sensitive, and life-changing. We offer:

• Expert legal advice tailored to your situation
• Confidential handling of sensitive family matters
• Representation in property division, child custody, and spousal maintenance
• Guidance through mediation or negotiation, where applicable
• Full legal support from filing to final decree

🔗 Learn more at: https://awkadvocates.co.ke

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📞 Get in Touch

If you’re considering divorce or need help with an ongoing case, contact our team today at AWK Advocates. We’re here to guide you with legal clarity and compassion.

Would you like us to prepare a sample divorce petition or checklist tailored to your case?