When Diane, 37, (name changed for privacy) walked out of court as a divorced woman, she felt both relief and exhaustion. The mother of two had spent years in a legal battle with her former high school sweetheart. The case was particularly difficult because of several contentious issues that emerged as the separation unfolded. These included disagreements over child custody, child support, and the division of property. ALSO READ: Divorce: How courts assess unpaid care work compensation “He wanted to keep the land and the house but wanted nothing to do with the children,” Diane recalls. “It took time for the courts to decide, but in the end, we were granted equal shares of the house and land, and the court ruled that he is also responsible for the children.” Diane says her troubles began five years into the marriage when she discovered her husband’s infidelity. What followed was a drawn-out divorce process marked by disputes over assets and responsibility for their children. Her experience mirrors that of some couples whose marriages end not just emotionally, but in prolonged legal warfare. ALSO READ: Divorce cases remain challenging for mediation - Chief Justice What drives divorce disputes? Lawyers say divorce cases in Rwanda most often become contentious for various reasons. Joelle Kabagambe, a Kigali-based lawyer, says the most common sources of dispute include the division of land and housing, child custody and child support, spousal maintenance or alimony, and allegations of fault or criminal conduct. “These issues are emotionally charged and financially significant, which makes compromise difficult,” she explains. Innocent Muramira, another lawyer, says most divorce cases originate from marital breakdowns rooted in poor communication, loss of trust, infidelity, desertion, failure to provide household necessities, and gender-based violence. ALSO READ: Divorce: New draft law proposes unequal property division “Once these issues reach court, they escalate into legal battles over children and property,” Muramira says. Beata Uwimabera, a lawyer and certified mediator, points to Rwanda’s family law for clarity on legal grounds for divorce. She cites Article 248 of Law No. 71/2024 governing persons and family, which lists grounds including adultery, desertion of the matrimonial home for at least 12 consecutive months without justification, conviction for an offence severely damaging reputation, refusal to provide for household expenses, and physical, psychological, emotional, or economic abuse. Other grounds include gender-based violence, de facto separation for at least two years, non-cohabitation for more than six months after marriage without valid grounds, and irreconcilable differences that make cohabitation impossible. Uwimabera says these grounds often become explosive in court because they combine financial consequences, emotional trauma, cultural expectations around property and gender roles, and legal grey areas such as hidden assets or weak financial disclosure laws. Why divorce cases drag on Beyond the causes of divorce, lawyers say procedural and legal challenges often prolong cases. Kabagambe notes that divorce proceedings are frequently delayed by the suspension of cases due to pending criminal matters, complex asset structures with poor documentation, repeated applications for interim measures, and appeals and enforcement difficulties. She adds that divorce cases involving property disputes require careful legal strategy, lawful evidence collection, and effective use of provisional measures to protect both parties’ rights and promote judicial efficiency. Muramira highlights more basic procedural failures. “Many cases are delayed because they are filed in the wrong court, supported by weak or irrelevant evidence, or because court documents such as summons and pleadings are not properly served on the other party within the prescribed time,” he says. Uwimabera adds that incomplete or missing evidence, non-disclosure or hidden assets, disputed witness testimony, and custody disputes requiring home visits all contribute to delays. “In cases involving psychological trauma or emotional incapacity, courts may order professional assessments, which are time-consuming to obtain,” she explains. Multiple appeals further stretch cases that should otherwise be resolved in months. “The greatest victims are often the children,” Uwimabera says. “Ongoing disputes over custody and support disrupt their stability and emotional well-being.” She adds that extended litigation often deepens mistrust and retaliation, with some spouses hiding assets or interfering with visitation rights. “Judges and clerks spend more time dealing with procedural matters rather than substantive rulings,” she says.
