- February 5, 2023
- Posted by: Admin
- Category: Family Law
Divorce can be a difficult and emotional process, but in Jamaica, there are established steps that must be followed to ensure that the process is fair and orderly. This article will provide an overview of the divorce process in Jamaica, from the perspective of a divorce lawyer, including the required steps and the legal requirements that must be met.
Legal Requirements for a Divorce in Jamaica
Divorce in Jamaica is governed by the Matrimonial Causes Act of Jamaica. This act outlines the requirements for obtaining a divorce in Jamaica.
Citizen or Resident
The first requirement is that the parties or one of the party must be citizens of Jamaica or residents in Jamaica for at least 12 months prior to filing for divorce.
Duration of the Marriage
In order to obtain a divorce in Jamaica, you have to have been married for at least 2 years prior to the filing of the petition.
Separation Period
To be eligible for a divorce in Jamaica, you must have been separated for at least 1 year.
Ground for divorce:
There must be a valid reason, or “ground,” for the divorce. While there is no requirement to prove that one party was at fault, the grounds for the divorce has to be clearly established. Most divorce lawyers in Jamaica will agree that the most
The grounds for divorce in Jamaica include adultery, cruelty, and desertion.
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Step 1: Filing a Divorce Petition
The first step in the divorce process in Jamaica is to file a divorce petition. The petition must be filed in the Supreme Court and must contain specific information, such as the grounds for the divorce and the date of the marriage. The petitioner must also pay a filing fee to stamp the petition. As of the date of this article, the fee is $5,000.
Step 2: Awaiting the Registrars signing of the Petition.
Once the divorce petition has been filed, the divorce lawyer will have to wait about 6 weeks for the petition to be signed by the registrar of the court . Once signed the petition must be collected by your divorce lawyer.
Step 3: Serving the Divorce Papers
The next step is to serve the divorce papers on the Respondent. The Respondent is the person you are divorcing. The Respondent can be served a process server or by regular mail. The court demands that the Respondent be served in person unless permission is granted by the court to have the Respondent serve another way ie by registered mail, through a third party.
Step 3: Responding to the Divorce Petition
Once the respondent has been served with the divorce papers, they have 14 days to respond, provided that the Respond was personally served in Jamaica. If the respondent is served by registered mail, he or she has 28 days to respond (if he is the mail was sent to the Caribbean or North America and 42 days if it was sent to Europe). If the respondent does not respond, the petitioner can proceed with the divorce without their consent. If the respondent does respond, they can either agree to the divorce or contest it.
Step 6: Decree Nisi and Decree Absolute
If the Respondent does not reply or contest to the divorce, then your divorce lawyer will make an application for decree nisi. The decree nisi is a provisional order and means that the marriage has been dissolved, but the divorce is not final until a decree absolute is issued..
In conclusion, the divorce process in Jamaica is a multi-step process that requires careful consideration and attention to detail. It is important to seek the advice of a divorce lawyer in Jamaica to ensure that the process is handled correctly and that your rights are protected.
Whether you are the petitioner or the respondent, it is essential to approach the divorce process with compassion and understanding for the other party, and to seek a resolution that is fair for everyone involved.
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