Need A Divorce Lawyer in Jamaica W.I.?
We understand that when a marriage breaks down, dealing with the separation process can be difficult
Divorce Attorneys in Jamaica West Indies.
Divorce Proceedings in Jamaica
Are you looking for a divorce attorney in Jamaica? If yes, contact us, and our legal professionals will guide you through the legal process in Jamaica W.I.
File the Petition
After filing the petition in the Jamaican courts, it will take some time before it is brought back to the attorney for service on the respondent. This process is delayed because of the inclusion of a step that demands the court’s registrar to access the documentation before signing and stamping. However, this step is not a requirement by the Matrimonial Proceedings Rules.
Even when the document is error-free, it may not take less than one month to get signed. If errors are spotted, it might take longer since the document might have to be refiled.
Our Family Law Solicitors in Jamaica are waiting on your call.
Apply for Decree Nisi in Jamaica
Suppose the respondent doesn’t dispute the request within 14 days after being served with the petition. In that case, the petitioner can table an application to acquire the first order regarding annulment, also known as the decree nisi.
The application is then submitted to the jury for consideration without any form of hearing. Though this process seems straightforward, the application can take at least six months before it is presented to a jury, further delaying the process.
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Divorce without legal advice can impact your future and your children's future
Jamaican Divorce Laws
Going through a separation is a stressful and challenging process which can physically and mentally affect the husband, wife, and children. It’s best to think of this as a process rather than an event, that will influence your life.
Need information on child maintenance in Jamaica?
Usually when a marriage breaks down and there are children involved then the husband or wife is likely to be the one that the children will live with, and the other will have contact with the children.
Did you know that the Jamaican law relating to the formation and dissolution of marriage is derived from English Law?
Visitors to Jamaica can be married 24 hours after arriving in the island providing that prior application has been made for a marriage license.
Need info on filing an Uncontested Divorce in Jamaica West Indies?
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Apply for Decree Absolute
Once the Decree Nisi is granted, the petitioner has to wait for six weeks before he or she can apply for the final order known as decree absolute. Like decree nisi, decree absolute is also presented before the jury for assessment though it’s not subject to a hearing. It can take an average of two months for the application to be presented before the jury in the Jamaican court.
Things To Consider When Filing For A Divorce In Jamaica W.I.
How long have you been married?
Generally, you should have been married for at least 2 years before you can petition the Jamaican court for a dissolution of marriage. Under special circumstances that you should be able to justify, you may apply to the Jamaican court for permission to file for a Decree Absolute before the 2 years has elapsed.
How long have you been separated?
You must be separated for at last 1 year from your husband or wife before you can apply for divorce in Jamaica W.I. That 1 year period of separation could have occurred within the first year of marriage, and a couple can also be considered while living under the same roof.
Every case is different and you may not necessarily have to show up for the court hearing.
Have you attempted reconciliation & counselling?
It is advisable to explore the options of counselling and attempts for reconciliation before filing the petition as the court is entitled to ask you these questions.
Did marriage produce any children?
This will be one of the first questions that our lawyers will ask you. If you have children who are under 18 or 21 years of age, and they are attending a tertiary institution, then the Jamaican court will only grant the Dissolution of Marriage if the judge is completely satisfied that adequate arrangements have been put in place for the care of the children. Questions will arise regarding the school arrangements & maintenance, living accommodations of the children when this assessment is being made.
What Our Clients Are Saying
Are you entitled to file your petition in the Jamaican court?
Petitions will only be entertained by the Supreme Court of Jamaica where either party is domiciled in Jamaica, a Jamaican national, or ordinarily residing in Jamaica for at least 1 year immediately preceding the presentation of the application.
Speak with our Family Law attorney by contacting us today.
What is the reason for your separation?
You no longer need to prove to the Supreme Court of Jamaica that your spouse caused the breakdown of the marital relationship through cruelty, desertion, infidelity, etc. However, you must satisfy the Jamaican court that the marriage has broken down beyond repair and that there is no possibility that cohabitation will resume. You will be required to briefly state the reason for ending the marriage to establish these facts.
Do you have an original Marriage Certificate?
The original marriage certificate will be needed to be presented to the Court when the application is made for the Decree Nisi. If this is misplaced then you will have to apply for a certified copy.
Speak with our Family Law Attorneys about the legal process by contacting us today.
The Supreme Court of Jamaica has unlimited original jurisdiction in civil and criminal cases in Jamaica West Indies.
Looking For Divorce Lawyers in Jamaica?
In Jamaica, adjudication involving the dissolution of marriages s is based on Matrimonial Cause Act. Basically, the termination of a valid marriage is a legal process that can only be done by a court of law. The Jamaica Supreme Court is the only judicial body that hears and decides on these types of proceedings as there is no other court of competent jurisdiction.
Pursuant to section (5) of the Matrimonial Causes Act, the parties involved must prove that nothing more can be done to salvage their marriage. However, suppose the parties fail to demonstrate that their marriage is unsalvageable. In that case, the court can dismiss the submission leaving the couple with the prospect of resuming with their marital relationship. Suppose any of the two feels that the marriage is dead, and there is no likelihood of reconciliation. In that case, they can submit a formal application to acquire a decree for the marriage termination. In this case, the applicant is the person who files the documents while the respondent is the other spouse. Speak with our Family Law Attorneys today.
The legal process of filing for divorce are dealt with in the Supreme Court of Judicature which is the only court of competent jurisdiction in Jamaica West Indies. Distribution Of Property also known as Equitable Distribution is the division, due to a dissolution of a marriage, of property which was acquired during the course of the marriage.
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