Common Misconceptions About Divorce in Jamaica

Myth 1: Divorce Is Always a Contentious Battle

Reality: While many divorces are emotionally painful, it’s a misconception that all divorce cases end up in court as drawn-out legal battles. In fact, many are resolved through alternative dispute resolution methods such as mediation, negotiation, or collaborative law.

To understand the differences between these approaches, read Divorce Mediation vs. Litigation in Jamaica.

Couples who can agree on issues like child custody, alimony, and property division can pursue an uncontested divorce, which is typically the easiest and most cost-effective route.  

Myth 2: Adultery Costs You Everything

Reality: In Jamaica, which operates on a no-fault divorce system, adultery is not a ground for divorce itself, nor does it automatically cost you everything. The sole ground for divorce is the irretrievable breakdown of the marriage. For a full overview of the divorce process, refer to our Step-by-Step Divorce guide. While adultery might be considered if it led to a wasteful dissipation of marital assets, it generally doesn’t determine child custody or spousal support decisions, which focus on the child’s best interests and financial need, respectively. For assistance with filing for a divorce, contact us today.

Myth 3: Mothers Always Get Child Custody

Reality: This is a relic of earlier times. In Jamaica, both mothers and fathers have equal rights to custody. The court’s decision is based solely on the best interests of the child, considering factors like the child’s needs, safety, and the parents’ capabilities, not gender.

For a detailed understanding of child custody laws, read Understanding Child Custody Laws in Jamaica.

While traditional arrangements often saw mothers as primary caregivers, shared care is becoming increasingly common, reflecting modern family dynamics.

Myth 4: You Can Deny Visitation for Non-Payment of Child Support

Reality: This is a dangerous misconception. Child support and visitation are separate legal matters. If a non-custodial parent fails to make court-ordered child support payments, the custodial parent cannot legally withhold visitation rights. Denying visitation can lead to legal consequences, including being held in contempt of court. Instead, seek assistance from the court or child support enforcement agencies to secure payment.

Myth 5: Assets Are Always Split 50/50

Reality: While the Property (Rights of Spouses) Act (PROSA) presumes a 50/50 split of the family home in Jamaica, this is not always the case for all assets, nor is it an automatic rule for the family home in all circumstances. For other assets, the court considers each spouse’s contribution towards their acquisition and maintenance. The goal is equitable distribution—what is fair and just, considering factors like each spouse’s income, financial needs, and contributions to marital property.  

Myth 6: You Can’t Divorce Your Spouse If They Don’t Agree

Reality: With no-fault divorce in Jamaica, you do not need your spouse’s consent to divorce. The sole ground is the irretrievable breakdown of the marriage, which can be established even if only one party believes the marriage is over, provided the 12-month separation period is met. You also don’t need to reach an agreement on finances or children before the divorce is finalized.