Hdaya guides

Divorce in Morocco: the routes, papers and steps

Last checked 24 October 2026

In short

Divorce in Morocco goes through the family section of the court of first instance, which always tries reconciliation before it decides. You can follow the procedure yourself, or hand the whole case to a lawyer, from the request to the ruling.

The papers the law mentions

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Step by step

  1. Find the route that fits your situation

    The Code offers several routes: mutual consent, khul', discord, judicial divorce on other grounds, or talaq under court supervision (details below). A lawyer can tell you which one fits your situation, prepare the request and follow the case until the ruling.

  2. File the request

    Family section: the court of the marital home, otherwise the wife's residence, or where the marriage was made

    Your lawyer, or you yourself, files the request at the registry with the papers (articles 79 and 80). Keep a copy of every paper and the case number: it lets you follow the case on Mahakim.

  3. Reconciliation hearings

    In chambers

    The court hears both spouses and tries to reconcile them, possibly with two arbitrators or the family council. With children, there are at least two attempts, 30 days apart (articles 81 and 82).

  4. Depositing the dues

    Court cashier

    For talaq, if reconciliation fails, the court sets what is owed to the wife and children; the husband must deposit it within 30 days, or he is treated as having dropped the request (articles 83 and 86).

    0 to 30 days Source

  5. The decision

    Family section

    In a discord case, the court rules within 6 months of filing at most (article 97). A talaq is recorded by two adouls (notary-witnesses for family deeds) with the court's authorisation. The part of a judicial divorce or khul' decision that ends the marriage cannot be appealed (article 128).

    0 to 180 days Source

The official route

Family section and legal aid

The official route is the family section of the court of first instance. If you cannot afford the costs, you can ask the public prosecutor for legal aid.

Official page

The people who can help

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The routes to divorce in Morocco

  • Mutual consent: the spouses agree in writing, on terms that do not harm the children. Reconciliation, then authorisation (article 114).
  • Khul': the wife gives compensation, which can never come out of the children's rights. If they disagree on the amount, the court sets it (articles 115 to 120).
  • Discord (shiqaq): requested by either spouse or both (articles 94 to 97).
  • Judicial divorce requested by the wife on other grounds: a broken condition, harm, no maintenance, absence of more than a year, a serious defect or illness, an oath of abstinence or abandonment (articles 98 to 112).
  • Talaq under court supervision: the husband asks the court to let two adouls record it (articles 78 to 93). The wife's option (tamlik), if written into the contract, follows the same procedure (article 89).

Rights the law names

The wife's dues (any unpaid dowry, maintenance during the waiting period, consolation payment), the children's maintenance (food, clothing, care, schooling) and housing, and custody (the mother, then the father, then the maternal grandmother; a child chooses at 15). These are set case by case: only a lawyer can advise you on your situation.

Before you start

  • Have the marriage contract and the children's details (ages, health, schooling) ready: the request asks for them. Keep a copy of everything.
  • Write down your questions before you see a lawyer or the registry: which route fits me? Which papers are missing? What is the fee?
  • Don't have the marriage contract? Marriage papers in Morocco explains who keeps the original.

Lawyers and costs

Maintenance claims do not require a lawyer (Law 28-08, article 32). For other requests, ask the court registry. No official source publishes the court costs, so we give no figures. The Family Solidarity Fund has not taken new requests since 4 December 2023 (Law 58-23).

If you'd like a lawyer in your city to listen and explain your situation calmly, you can find one on Hdaya.

Questions people ask

Is reconciliation required for a divorce?

Yes. The court attempts reconciliation in talaq, discord, mutual consent and khul' cases (articles 81, 82, 94 and 114).

How long does a divorce for discord take?

The court rules within 6 months of the request being filed at most (article 97).

Can I appeal a khul'?

Not the part of the decision that ends the marriage (article 128). Other points, such as financial dues, follow their own rules.

I can't afford the costs. What can I do?

You can ask the public prosecutor for legal aid, with a certificate of need from the pasha or caïd. If it is granted, a lawyer is appointed and paid by the state.

Official sources

Procedures change. If something here is out of date, tell us and we will check it again.

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