The quickest way to get a divorce in Kenya is through an uncontested divorce, where both spouses agree to dissolve the marriage without disputes over assets, child custody, or other legal matters. An uncontested divorce moves faster because it avoids prolonged court battles and legal complications. Typically, such a divorce takes between 6 to 12 months, compared to contested divorces that can last several years.
Understanding Divorce in Kenya
Divorce in Kenya is governed by the Marriage Act of 2014, which sets out the legal grounds and procedures for dissolving a marriage. A divorce petition must be filed in court, and the petitioner must prove the marriage has irretrievably broken down. The court then evaluates the case and issues a decree nisi, followed by a decree absolute, finalizing the divorce.
The speed of a divorce depends on whether it is contested or uncontested:
- Contested Divorce – Takes longer as one spouse disputes the terms of the divorce.
- Uncontested Divorce – The fastest option, where both parties agree on all terms, expediting the process.
Steps to Getting a Quick Divorce in Kenya
1. Ensure Mutual Agreement
The first step to a quick divorce is ensuring that both spouses agree to dissolve the marriage and are willing to cooperate. Disagreements on issues like child custody, alimony, or property division can slow the process considerably.
2. Engage a Divorce Lawyer
Hiring an experienced divorce lawyer is crucial in ensuring that all paperwork is properly filed and that the case moves quickly through the court system. A lawyer will help draft the necessary documents and guide you through the legal requirements.
3. File the Divorce Petition
The divorce lawyer prepares and files a divorce petition in court. The petition must include:
- Details of the marriage
- Grounds for divorce
- Any agreements on custody, spousal support, or property division
4. Serving the Divorce Petition
The court requires the respondent (other spouse) to be officially served with the divorce papers. This can be done through:
- Personal service by a court official or process server
- Registered mail (with proof of delivery)
- Newspaper advertisement (if the respondent cannot be located)
If the respondent does not object to the divorce or fails to respond within the set period (usually 15 to 30 days), the court may proceed with an uncontested divorce.
5. Attend the Court Hearing
If the divorce is uncontested, the petitioner (the spouse who filed for divorce) may attend a brief court hearing to confirm that the marriage has irretrievably broken down. If the judge is satisfied with the evidence, a decree nisi is granted.
6. Issuance of Decree Absolute
After 30 days, the final divorce order (decree absolute) is issued. This legally ends the marriage, allowing both parties to remarry if they wish.
Factors That Can Speed Up the Divorce Process
- Proper Documentation – Ensure all required documents, such as marriage certificates, affidavits, and agreements, are correctly filed.
- Efficient Service of Papers – Avoid delays in serving the respondent by using professional process servers.
- Cooperation Between Spouses – The more both parties cooperate, the faster the divorce process moves.
- Experienced Legal Representation – Hiring a skilled divorce lawyer ensures that legal hurdles are avoided.
- Availability of Court Dates – Courts have busy schedules, so early filing and proper scheduling can speed up the process.
FAQ: Quick Divorce in Kenya
1. How long does an uncontested divorce take in Kenya?
An uncontested divorce in Kenya usually takes between 6 to 12 months, depending on how efficiently documents are filed and processed.
2. What are the costs of a quick divorce?
Legal fees for an uncontested divorce typically range from KES 50,000 to 200,000, depending on the lawyer’s fees and court charges.
3. Can a divorce be granted without the other spouse’s consent?
Yes, if the respondent does not respond to the divorce petition, the court can proceed and grant a default judgment.
4. What is the fastest ground for divorce?
Adultery, cruelty, and separation for over three years are common grounds for quick divorce approvals.
5. Can I file for divorce online in Kenya?
While some court services are digital, divorce petitions require physical court appearances for hearings and final rulings.
Conclusion
The quickest way to get a divorce in Kenya is through an uncontested divorce, where both spouses agree to dissolve the marriage without disputes. By ensuring mutual consent, hiring an experienced lawyer, and properly filing documents, the divorce process can be completed within 6 to 12 months. If speed is your priority, cooperation and legal guidance are key to avoiding unnecessary delays.
For professional legal assistance with a fast and hassle-free divorce, consult a divorce lawyer in Kenya today.
