23/04/2026
Are you contemplating divorce or already going through divorce proceedings and looking for information on how to go about it?
A divorce may either be contested or uncontested. An uncontested divorce is when both parties agree that their marriage has irretrievably broken down and settle with regards to the custody of their minors, maintenance and the distribution of property.
On the other hand, in a contested divorce the parties are adversarial and unable to agree on the terms of the divorce. Common areas of disagreement include but are not limited to; the grounds for divorce, custody, access, distribution of property and maintenance. However, at any point, a contested divorce can become uncontested if the parties agree to all the issues. An uncontested divorce is less time-consuming and not as expensive as a contested divorce.
Important Steps to Consider:
a. Where do I start if I want to institute divorce proceedings?
Engage a well informed and knowledgeable lawyer preferably someone who specializes in family law.
b. What information is needed when filing for divorce?
The original marriage certificate
The physical and or email address of the defendant (person being sued)
The grounds for divorce
The names and dates of minor children born of the marriage
A list of the assets of the parties
Who will have custody of the children upon divorce
The amount of access the non-custodian parent will have to the children upon
divorce.
The amount of maintenance payable by the non-custodian parent per month per
child.
How the assets of the parties will be shared.
c. How does the court determine custody?
The court looks at the best interests of the child(ren).
d. Is it possible for parties to be granted a divorce order without attending court?
Yes. That is possible if the divorce proceedings are uncontested.
e. Can I institute divorce proceedings from the diaspora?
Yes. A Zimbabwean based lawyer can do that for you.
d. If I am in Zimbabwe, can I divorce someone who is out of Zimbabwe?
Yes
f. Should parties separate first before divorcing?
No. Separation before divorce is not a legal requirement.
g. How long does the divorce process take?
The time taken to process a divorce depends on such factors as:
Whether the divorce proceedings are contested or uncontested.
Whether there will be need to obtain the court’s permission to have the divorce
summons served outside the country.
Whether there will be need to apply to court to have the divorce summons served by other means.
In contested divorce proceedings, the level of experience of the lawyer handling the case
The co-operation of the parties.
Conclusion
If parties to a marriage are in agreement that their marriage has irretrievably broken down or one of the spouses has an incurable mental illness or has been continuously unconscious, the divorce will proceed as an uncontested divorce. If they are not in agreement either of the parties may contest the divorce. During the divorce proceedings, the court will decide on the custody of their minors, maintenance and the distribution of property.
Whether you settle for a contested or uncontested divorce you will require legal representation. 
The above does not constitute holistic legal advice. You can contact on 0774159146 - 0713967341 for more concise and applicable advice pertaining to any peculiar circumstances.
