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The short answer
For a registry (Marriage Act) marriage, the proof is the Decree Absolute issued by a State High Court under the Matrimonial Causes Act, and the US State Department says certified copies are available. Customary and Islamic divorces may come from a Customary or Sharia court, or have no written record at all, and the State Department warns that backdated Nigerian divorce documents exist, so expect a US county clerk or USCIS to look closely.
If you were married in Nigeria and now want to remarry in the US, sponsor a new spouse, or file anything with USCIS that asks about prior marriages, you will need to show how the earlier marriage ended. Nigeria has three kinds of marriage and three ways of ending them, and only some of them produce paper. This guide explains which document counts, how to get it from the US, and how to support it, using the State Department's Nigeria reciprocity page and USCIS evidence rules as read in October 2026. It is information, not legal advice.
Which document proves the divorce
| How you married | How the marriage ends | Document | Issued by |
|---|---|---|---|
| Registry or church wedding under the Marriage Act | Petition under the Matrimonial Causes Act | Decree Nisi, then Decree Absolute | State High Court |
| Customary marriage | Court dissolution or custom | Affidavit of Divorce Dissolution, or Customary Court decree | High Court, or local Customary Court |
| Islamic marriage | Sharia court or Islamic custom | Sharia court divorce decree | Sharia court |
The State Department page says only State High Courts can dissolve civil (registry) marriages. That matters: if your marriage was under the Marriage Act, a customary court paper or a family letter does not end it. The decree nisi is the first order; the marriage ends when the decree absolute is made, so the decree absolute is the document a US office will want.
For customary and Islamic marriages, the page notes that many divorces are dissolved under custom and leave no written record. If that is your case, you are in the territory of secondary evidence, covered below.
Getting a certified copy from the US
The State Department says certified copies of High Court divorce decrees are available. In practice you request them from the registry of the High Court that granted the divorce, in the state where the case was heard. From abroad, most people do this through the lawyer who handled the case, or a lawyer or trusted relative given written authority.
- Find your suit number and the court division. They are on any copy of the decree or court papers you already have.
- Ask the court registry, through your representative, for a certified true copy of the decree absolute. The court sets its own fee, paid in naira.
- If the copy will be used in the US, ask whether it needs to be authenticated first. The Nigerian consulate in New York said in 2022 that documents from Nigeria must first be certified by the Ministry of Foreign Affairs in Abuja and then re-certified by the consulate for US use. Our guide to authenticating documents at a Nigerian consulate explains the mission side.
- Have the copy sent by tracked courier, not by hand through a traveller, so you can show where it came from.
Why US offices look closely
The State Department's Nigeria page warns that divorce documents can be backdated and inserted into court records, and that a court may confirm a document as genuine even when no matching record exists. The same 2022 report from the New York consulate cited a rise in fake divorce decrees the year before. None of this means your decree will be doubted, but it explains why a clerk or officer may ask for more.
Helpful supporting papers include the petition, the decree nisi, any hearing notices, correspondence with your lawyer, and evidence that you and your former spouse lived apart. Dates that line up across documents carry weight.
Using it for USCIS
USCIS evidence rules in 8 CFR 103.2 apply to every benefit request. A document in a language other than English needs a full certified English translation, and USCIS may ask to see originals. Where required evidence is unavailable, you may submit secondary evidence, and where neither exists, two or more affidavits from people with direct personal knowledge of the events who are not parties to the case. Where the record does not exist, you need an original written statement on government letterhead giving the reason. For an undocumented customary divorce, that usually means affidavits from family elders who took part in the dissolution, plus a letter from the relevant court or local government that no record exists.
If your marriage was customary and later registered, think about whether the divorce went through the same route. Our guide on Marriage Act and customary marriages in USCIS's eyes covers the marriage side.
Using it to remarry in the US
Marriage licences in the US are issued by county or city clerks under state law, and each sets its own document rules for people who were married before. Some ask for a certified divorce decree; some ask for the date and place of the divorce only. Call the clerk's office in the county where you plan to marry, ask exactly what it accepts for a foreign divorce, and whether it needs a translation or authentication. If the clerk has doubts about whether a Nigerian divorce is recognised in that state, a family lawyer in the state can advise.
What to check first
- Was the marriage under the Marriage Act? If yes, only a High Court decree absolute ends it.
- Do you have the suit number and court?
- Does the US office want the document authenticated?
- Do your names match across the decree, your passport and your new marriage application?
Where Pryme fits
Court and lawyer fees for this work are paid in naira. A Pryme account lets you hold NGN next to USD and send naira to a Nigerian lawyer from the US, with the rate and fee shown before you approve. If your name changes after remarrying, see renewing a Nigerian passport after a surname change.
Questions people ask
Is a decree nisi enough to remarry?
For a Marriage Act marriage, the marriage ends with the decree absolute, so that is the document to obtain. A decree nisi on its own shows the case is not finished.
Can I get a certified copy of my Nigerian divorce from abroad?
Yes. The State Department says certified copies of High Court decrees are available. Most people request one from the court registry through a lawyer or representative in Nigeria.
My customary divorce was never written down. What can I give USCIS?
USCIS rules allow secondary evidence and affidavits from at least two people with direct knowledge who are not parties, plus a written statement from the relevant office that no record exists.
Does a Nigerian divorce need to be authenticated for US use?
It depends on who receives it. The New York consulate said in 2022 that Nigerian documents for US use are certified by the Ministry of Foreign Affairs in Abuja and then by the consulate. Ask the receiving office first.
Sources
- US Department of State: Nigeria reciprocity and civil documents · accessed Oct 2026
- eCFR 8 CFR 103.2: Submission and adjudication of benefit requests · accessed Oct 2026
- Peoples Gazette (NAN): Nigerian consulate in New York on document certification, 9 March 2022 · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.