This Post will describe what is required for a Divorce to be recognized by US Immigration (either at USCIS, NVC, or DOS), and this “document requirement” is most commonly found in marriage-based immigration to the United States.
Document Name: Decree Nisi and Decree Absolute
Issuing Authority: The High Court of Justice
Special Seal(s) / Color / Format: Multiple versions of this form are issued in varying formats. They are typically typed in Times New Roman font and printed on white paper. Seals may be embossed, sometimes over a red sticker, or they may be inked, most often in red or purple.
Issuing Authority Personnel Title: Judge
Registration Criteria: Must be a registry marriage completed according to the Marriage Act.
Procedure for Obtaining: Divorce Proceedings in accordance with The Matrimonial Causes Act of Nigeria.
Certified Copies Available: Yes
Alternate Documents: For marriages under Native Law and Custom, a divorce decree may be issued by a Customary Court. For Islamic marriages, a divorce decree may be issued by a Sharia court.
Exceptions: Many divorces for customary marriages will have no written record. Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court.
Comments: Documenting a legal divorce is problematic. Each type of marriage listed above has its own legal process for obtaining a divorce, thus it is essential to first understand what type of marriage took place before determining what documentation is acceptable to prove that a divorce is legal.
Verification of Nigerian court files:
The following link assists in verifying court records:
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.