The Dinka Bor Customary laws–now out! Very Interesting. Divorce is discussed below under article 3.2.
“If you want to divorce your husband or wife please go to your Boma or Payam.” It will not be allowed in other courts either in Bor town, Juba etc.
For some of our sons and daughters who marry in Jonglei and get divorced in IDP and refugee camps, Diaspora etc, that time is gone.
Divorced is acceptable under the following conditions specified under The Customary Laws of the Dinka Bor Community:
a, When either spouse (husband or wife) exhibits gross misconduct or cruelty which has been proven beyond reasonable doubt by close relatives and leaders of the clan.
b, If the wife commits adultery with either relative of the husband or with someone else outside the family.
c, The husband is unwilling to provide food to his children because of willful negligence, alcoholism or drug abuse.
d, If the husband intentionally stayed away from his wife for 4 years.
e when one spouse denies the other his or her conjugal right for one-year
f, if one spouse is infertile or has a chronic disease that presents the danger to another spouse e.g HIV Aids.
g, when either the husband or wife intentionally use drugs or contraceptive pills to avoid getting a child for more than one year.
Miscellaneous principles of divorce and dowry retrieval etc:
1. A wife of the deceased man cannot be divorced because no one can dissolve a legal and valid marriage of another man, dead or alive without his consent.
2. Divorce shall not be granted for a woman who has given birth up to three children!
3. A valid divorce entitles the former husband to his dowry.
4. if it is the wife or her parents demanding a divorce, it will be incumbent upon her parents or guardians to collect and return all the dowry on her to the husband, including dead, stolen and looted cows plus all the offspring of the cows paid as dowry.
5. if its the husband initiating divorce, then he is entitled to all his available cows except dead, stolen or looted ones plus any offspring paid as dowry.
6. During a divorced, cattle that have passed to other marriages, stolen, looted or sold to third parties, such animals can only be compensated but cannot be traced.
7. A wife who has been neglected for 4-5 years or denied conjugal right has the right of divorce unless she is a wife of a soldier who is discharging national duties.
8. A parent or guardian accused of receiving dowry twice for their married daughter or sister should refund all the dowry of the first marriage and be imprisoned for two years.