Is Spousal Abandonment a ground for divorce?

This is a ground of divorce and is usually called desertion and it occurs when a spouse deserts the other spouse for at least three years immediately preceding the date of presentation of the petition.

Adultery as a ground for divorce?

Adultery is a common ground for divorce and adultery occurs when the offending spouse cheats on the Petitioner with a person other than their spouse during the existence of the marriage.

Can I put forward Unreasonable Behaviour as a ground for divorce?

Often times it is possible to describe the unreasonable behaviour in such a manner as to show the court that the behaviour has caused irretrievable breakdown of the marriage or the behaviour constitutes cruelty to the petitioner – which are both grounds for divorce. For instance, if the Respondent is perpetually making reckless financial decisions or if the Respondent has been bullying the Petitioner.

Can my spouse and I get a Collaborative Divorce?

This is not permitted in the sense that parties cannot collude with each other to present a divorce petition; however, parties may collaborate to enter into a divorce settlement as pertains to matrimonial property, maintenance and care of children.

Desertion as a ground for divorce in Kenya?

Yes, desertion is a ground for divorce under the Marriage Act of Kenya and this desertion must have gone on for a minimum of 3 years immediately preceding the date of filing the divorce petition in court.

Prolonged separation as a ground for divorce in Kenya?

Yes prolonged separation of at least 2 years provides reasonable basis to file for divorce as it is the basis for proving a marriage has irretrievably broken down. This happens for instance, when a party voluntarily separates from their spouse for a prolonged period.