Factors of a Jamaican Divorce



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The dissolution of a marriage through divorce is possible through certain processes in the country of Jamaica, and the two parties may need to come to an agreement to use divorce as the means to end the marriage. Divorces require certain responsibilities and will end all duties applied to the marriage between spouses.

The Termination of Marriage

Divorce is the legal dissolution of a marriage through the means of the country. In Jamaica, the Supreme Court of Judicature is the only source of providing these divorces when there is no way to salvage the marriage. The Court must see that the two spouses cannot stay in the marriage. Generally, there is proof that there are no means to reconcile and that divorce is the only proper way through the situation. The termination of the marriage can end the responsibilities of each spouse to each other and will usually lead to a complete separation of the two once the divorce completes.

Invalidation of Duties

When two spouses are in a marriage, they have legal duties and responsibilities to each other in the relationship. When the divorce occurs and is successful, this process invalidates these responsibilities because the dissolution of the marriage frees each party of the need to support the other. Additional issues often arise when the two have children which can lead to further necessary responsibilities such as child and spousal support, custody and the distribution of both property and debt. Assets and debt will require division through the Court. The laws in the country of Jamaica may also require other processes after the divorce completes.

The Need for Time

In a Jamaican divorce process, the two parties must separate and remain separated for the duration of twelve months after the filing date of the divorce paperwork. This time of separation requires each party to stay in separate domiciles and not have any spousal interactions. This requirement is also grounds to demonstrate proof that the marriage is not salvageable and no reconciliation is possible between the two spouses which can then lead to a successful divorce case. This need for time is often one way to discover if the two parties are able to reconcile or if the marriage is over.

Eligibility For A Divorce

To receive a proper application for divorce in the country of Jamaica, the petitioning party must be a national of the country, have a residence in Jamaica during the start of the divorce proceedings, live in the country and remain there for no less than the twelve months of the separation period and have valid grounds for divorce. The residence may also provide housing with family or friends. The person must follow all processes and not invalidate the divorce through meeting with the other spouse to reconcile unless both parties agree to stop the divorce process.

The Divorce Process in Jamaica

The first step is the separation which requires time with both parties to either live away from each other in residences that do not connect or together in the same place but living separate lives. This is a twelve month period, but it is the first step in the divorce process that provides proof to the Court that the two parties are serious about the dissolution of the relationship and that there are no means to reconcile. During this period, both parties can seek legal counsel and may consult with a lawyer to get through all other processes such as the division of assets and debts and the separation of property.

Filing for Divorce

It is not necessary to file the divorce petition with a lawyer, but legal counsel can support the person throughout the process. The individual will need to file the initial petition, apply for a decree nisi and then apply for a decree absolute. Each section is a requirement and necessary to proceed to the next. Both spouses are often involved together to end the marriage because of irrevocable break downs in the relationship that lead to the need to acquire a divorce. Once the filing is over, the two can seek legal support to proceed to the next stage.

Legal Support for the Jamaican Divorce

The divorce process does not require legal intervention, but the lawyer is able to advise and support his or her client throughout and even at the start of the divorce in Jamaica. The spouse seeking a lawyer for the dissolution can hire one manually or use the Legal Aid Clinic to acquire assistance.


Provided by HG.org


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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