Divorce in Jamaica is relatively easy; however, it is not given to all couples. Couples have to satisfy eligibility requirements in order to file a Petition for a divorce. Learn more about this process as you read this article which is written in simple terms for you to understand..
Before Filing a Petition
The Petition is the first step in getting a divorce, but a lot of requirements should be met prior to passing a Petition. For instance, the couple should satisfy eligibility because those who are not eligible will be turned down when they pass the Petition. In order to save time and resources, it is best to check if you are eligible first.
A couple that is domiciled or is a resident of Jamaica has to be married for at least two years before and have been living separately for another year before filing a Petition. This is where it gets confusing. A year of separation should be different from the two years of marriage the couple has had. In other words, the couple should have been married for the past three years.
Separation can be done by living apart or living in the same household.
If it is the former, then the couple should show sufficient evidence that they have not been co-habiting. If it is the latter, then the couple should show that they have been sleeping in separate bedrooms, do not share in the household chores such as cooking, dishwashing, cleaning, etc. They should also show that they have not engaged in sexual relations with each other for the past 12 months that they have been living under the same roof.
Contact us if you do not meet the prerequisites mentioned above.
The Divorce Process
Once the prerequisites of the divorce were made, the couple can file their Petition. You do not need to have both parties file the Petition – one party is enough. When the Petition is filed, the Registrar of the Supreme Court will certify the copies. In order to have a smooth filing, the Petition should have the complete legal name of the petitioner, his/her address, his/her occupation, and the spouse who will be divorced.
Details of the marriage should also be stated including the date, place, and the marriage officer. Other information about the couple’s family (for example children) should also be included. Once the Registrar of the Supreme Court certifies the Petition, the documents will be sent to the other party.
This party is given 14 days to accept or refute the Petition. When the party does the latter, then the couple can apply for a Decree Nisi. The petitioner should apply for the Decree Nisi as this starts the formal dissolution of the marriage.
Equitable Distribution also known as Division Of Property, is a judicial division of property rights and obligations between spouses during a divorce. It may be done through a property settlement, agreement, or by judicial decree.
This is the first indicative Order of the marriage’s dissolution.
After six weeks from the Decree Nisi is given, the petitioner may apply for the Decree Absolute. This is the final order of the divorce proceedings. When this is granted, the dissolution of marriage becomes absolute. Hence, individuals will carry on their custody agreements and property distribution.
3 Questions to Ask a Divorce Attorney in Jamaica W.I.
How will I be charged for your legal services?
It’s very important for you to know how you will be billed by your attorney. Will you be charged monthly, quarterly etc. Ask questions such as how much deposit will I need to make and when will the next payment be required?
Will I have one point of contact for my case throughout the process?
Going through a separation has been known to cause emotional stress. You don’t want the hassle of having to go keep on repeating yourself and explaining things over and over to different people. Having one point of contact at the law firm can make things so much easier.
Can you explain to me in simple terms the divorce process in Jamaica WI?
It will be helpful to get an idea of what to expect once the process has begun so you can be better prepared for it. Remember no two divorce cases is identical.
Need more information on filing for divorce in Jamaica West Indies? Then contact us today as each divorce is unique to the individual.