Types of divorce
- Divorce by mutual consent (Article 114): the spouses agree on the principle and its consequences; this is the fastest and least adversarial procedure.
- Divorce for discord, chiqaq (Articles 94 to 97): available to either spouse in the event of a persistent dispute; the court attempts reconciliation and then rules within six months.
- Divorce under judicial supervision, talaq (Articles 78 to 93): requested by the husband, authorised by the court after reconciliation and deposit of the sums owed.
- Divorce requested by the wife on a specific ground (Article 98 et seq.): failure to provide maintenance, absence, harm, defect, breach of a condition in the marriage contract.
- Khol' (Articles 115 to 120): divorce in return for compensation agreed to by the wife.
Steps in the procedure
- Preparing the file: marriage certificate, children's birth certificates, identity documents, proof of income and housing.
- Filing of the petition by the lawyer with the family justice section of the competent Court of First Instance (marital home or the wife's residence).
- Summons of the spouses and attempt at reconciliation, with the option of appointing two arbitrators or a family council (Article 82).
- If reconciliation fails, the court determines the financial rights: balance of the dowry (sadaq), waiting-period maintenance (idda), consolatory gift (mout'a), housing and child maintenance (Articles 84 and 85).
- Judgment, service and entry in the margin of the marriage certificate.
Children: custody, visitation, maintenance
Custody (hadana) is granted first to the mother and then to the father (Article 171). The custodial parent receives maintenance covering food, clothing, healthcare, schooling and housing, set according to the paying parent's resources and the child's standard of living (Articles 189 and 190). The non-custodial parent retains visitation rights organised by the judgment. Taking the child abroad requires the consent of the legal guardian or the judge's authorisation (Article 179).
Timeframes and costs
A divorce by mutual consent is concluded within a few weeks in Rabat when the file is complete. A contested chiqaq takes six months to a year in practice, to allow for reconciliation attempts and expert reports. The lawyer's fees depend on the complexity of the case; a written fee agreement is provided at the first meeting.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.