Legal Question in Family Law in Nigeria
I have been married to my wife for 12 years .But for the past 4 years we have not had sex as we quarrel all the time.I dont like her and I dont think she likes me and my family as she quarrelled with my late sister all the time and still does the same to my mother.I do not have anything in common with her anymore.The only string holding me back is the kids who I want to have a good life.Can this be said to be akin toy living apart for 4 years.Is this grounds for a divorce?I am really tired of the facade and want to start living my life.
1 Answer from Attorneys
"Living apart" is not always the same thing as living in separate houses. However, generally, the courts will prefer to see a situation where the spouses lived apart in separate houses. Even then, it may not be sufficient. It is always based on the facts as presented to and accepted by the judge, and circumstances differ.
It looks unlikely that the court will consider your situation as "living apart", but I emphasise that it depends on the facts as presented by the court (and, of course, each judge's disposition on the issue)
What the law provides for is "restitution of conjugal rights" but that may not be appropriate in the circumstances as well.
It seems to me that your objective is a divorce but it is inlikely that you will succeed on the ground of living apart. Rather, you may want to consider what conduct(s) make it "intolerable" to live with her. What are the things that makes you say "I don't like her" and "I don't think she likes me". Those facts and reasons may (or may not) constitute ground for divorce. What the court will determine is whether or not the marriage has broken down irretrievably at this point on account of the reasons or conduct of the spouse.
Having said that and considering the circumstances you have described briefly, it is usually still possible to achieve a reconciliation with some counselling or with a mediator. I do recommend that as a first option.