Avoiding delays in Divorce Proceedings in Jamaica

In the Jamaican context, most of us believe in the old adage if it’s not broken don’t fix it. Unfortunately, we apply the same thinking to making a divorce application after several years of separation and no intention to reconcile with our spouses. In some walks of life, this is referred to as “ghetto divorce”.  This happens when married spouses break up, live separate lives for years without formally pursuing a divorce. Then something comes up, and one spouse desperately wants to achieve divorce status in a matter of days which of course is impossible in our jurisdiction. This article is written from the perspective of a divorce lawyer in Kingston Jamaica and seeks to clarify how to obtain a smooth reasonably fast divorce in Jamaica.

Retain a Divorce Lawyer in Jamaica

The first step in pursuing a divorce application is finding an experienced divorce lawyer in Jamaica. Experience is vital when it comes to divorce proceedings for several reasons.  A slight error, even in relation to formatting can potentially add an unnecessary two months to your waiting time.

Moreover, since the average turnaround time for a divorce in Jamaica is about 6 months, it is important that you have a responsive divorce lawyer, ie a divorce lawyer who responds to your emails and inquires. Anything else, and the process will be a nightmare for you- nobody likes not knowing.

Have your Documents in Order

Uncontested divorces are pretty straight forward. The only delay is the court. The last person you want to get in the way of a quick divorce is you. Firms like FTCW Law have a system in place to handle uncontested divorces. Once our client expresses an interest in filing for a divorce, with no need for maintenance, child support and or custody a form is emailed to you for you to complete. You will be required to complete the form and email it back to us with a scanned copy of your marriage certificate. All the details that we need to make the application will be taken from the completed form and marriage certificate. It is as easy as it sounds.

Know your spouse

This is a rather funny suggestion, but it is important. You will need to know basic details such as where your spouse lives, his or her date and place of birth and the name and date of birth of any children you have together. This is important. Absence of this information can be tedious for all parties involved and undoubtedly result in unnecessary delays.

Act Promptly

Sometimes delays are due to the fault of the client himself. Sometimes a client simply does not act promptly. If for instance there is a document that your divorce lawyer needs you to sign, it is within your best interest to have it signed as quickly as possible. The reason for this is that the Supreme court in Jamaica goes on holidays. Yes, you’ve read right, judges take breaks and if for instance your application is at the nisi stage and you fail to sign something within a reasonable time, you may have to wait an additional month or two to hear back from the court.

Follow Instructions from your divorce lawyer

A divorce lawyer’s biggest frustration is a client who doesn’t take advice and a client’s biggest frustration is a divorce lawyer who doesn’t take instructions. Talk with your divorce lawyer during your first interview. In fact, some divorce law firms are willing to have free telephone consultations with potential clients prior to signing a retainer.

Overall, a good lawyer-client relationship will definitely help. Always remember that you are the client and do not be afraid to voice your expectations to your divorce lawyer. An honest one will tell you whether they can meet your expectations or whether your expectations are simply not practical.