I got Married in Jamaica how do I get Divorced?
Did you get married in Jamaica and now you need to get divorced? The first step for legally terminating your marriage begins with a divorce petition. The petition is then filed in a court where one of the spouses resides. The petition includes important information (the husband, wife and any children, property, child support and custody, spousal support.)
Before applying for a Divorce, you must be married for a minimum of two years and must have lived separate and apart for a minimum of one year. You can still e living in the same house but will have to prove that you are separated. Contact us for more info in regards to this. You will be required to also provide a certified copy of the Marriage Certificate.
A person who goes to court without a lawyer may experience very lengthy delays due to errors in their paper work and other issues. What may take months may now take them years to get divorced.
Serving the Petition
The petition/divorce papers must be served on the other spouse. This phase of the process is called “service of process.” If both of the spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service.
However, if the other spouse is difficult to locate or refuses to sign the petition, then you can hire a professional process server to personally deliver the petition.
At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse. o.
Divorce Petition Response
The other spouse who is being served the petition is known as the Respondent. Although it’s not a requirement, the respondent can file a response to the petition stating that they are agreement which shows that both parties agree to the divorce.
This will more likely the cause the case to proceed without a court hearing, which would cost more and also delay the process.
Generally, if a response is not filed within 30 days of the petition, the petitioner can request that a default be entered by the court.
Do I have to be physically in Jamaica West Indies in order to get divorced?
It is possible to file for different documents at the various stages of the divorce process without the parties being required to physically attend court. Some of the documents that are to be filed are:
- The Petition and supporting or accompanying documents
- The Affidavit of Service of the Petition and Supporting documents
- The Notice of Application to Dispense with Hearing or Decree Nisi Application
The Decree Absolute Application
Six weeks after the Decree Nisi has been granted, the Petitioner may apply for the final order ending the marriage. This is called the Decree Absolute.
There are times when the basic dissolution of marriage by couples who are residing in Jamaica turns out to be complex. We suggest therefore that you contact us for more info in regards to filing for a dissolution of your marriage in Jamaica.
Divorce Info for U.S. Citizens Married in Jamaica
The laws of all U.S. states permit you to obtain a divorce even if your marriage occurred in Jamaica. The only caveat is that the marriage must be valid pursuant to the laws Jamaica, according to the American Bar Association Section of Family Law.
The procedures for terminating a foreign divorce in the United States of America are not vastly different from terminating a marriage entered into under the laws of Jamaica
U.K. Citizens – Are there advantages if I choose to divorce in Jamaica?
It can be financially advantageous if you divorce in Jamaica. England has been known as the “divorce capital of Europe” because of the wide-ranging discretionary powers of the English court.
It’s a well known fact that wives who are pursuing financial claims have been favored by the English courts
If you are from U.K. and got married in Jamaica, and are now seeking a divorce, then we would suggest that you speak with us first before starting the divorce proceedings in England.
What is an Uncontested Divorce in Jamaica?
An uncontested divorce is one that is not being defended by the other party (Respondent). It is usually a relatively straightforward process and can be dealt with by the Jamaican Court on paper, so there will be no need to physically attend the court for a hearing before a judge.
Contact us today for more info in regards to filing for your divorce.
What is a Contested Divorce in Jamaica West Indies?
A contested divorce in Jamaica is usually a more complicated procedure than an uncontested divorce and will involve the divorcing couple having to attend Court for hearings.
If the Respondent wishes to defend the divorce, they will then have to submit their statement after receiving the Acknowledgment of Service. o.