Legal Question in Family Law in Nigeria

You can petition for divorce only after 2 years from the date of marriage and for reasons allowed by law. Be sure that you have met the 2-year requirement.

Acceptable reasons for divorce are those facts that will show that the marriage has broken down irretrievably. You have not disclosed any conducted , in my view, that will show that the marriage has broken down completely. There may be more which you should present to your lawyer who will determine whether or not the circumstances may be acceptable to the court.

Incidentally, living apart is recognised by law as a ground for divorce under two scenarios. If you have lived apart for a continuous period of years and she does not object to the divorce, or if you have lived apart for a continuous period of three years, in which case divorce is almost automatic.

At a tender age, the law prefers to grant custody (could be joint custody though) to the mother. In my personal view also, a father will only be subjecting his child to punishment to seek to remove him/her from his/her mother's care. A father is is usually not in a position to take care of infants at tender age.

In summary, it is difficult to see how you can get divorce on mere disagreement or misconduct, And even if divorce is granted, it is difficult to see how a court can grant you custody.