OLIVER W. LLEWELLYN is a divorce lawyer who understands that ending a marriage can be a devastating experience. Our competent and dedicated divorce lawyer works hard to achieve a speedy divorce process, making a painfully difficult time just a little less complicated.
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How to get a divorce or the requirements for a divorce in Jamaica?
Before you start a divorce, there are certain fundamental requirements that must be met:
- You must have gone through a valid marriage
- You must be a Jamaican national or an ordinary resident in Jamaica for twelve (12) continuous months prior to the filing of the divorce
- The marriage must have broken down irretrievably, that is, beyond repair.
- You must be married for at least two (2) years prior to the filing of the divorce, unless the Supreme Court grants permission to do otherwise.
- You must be separated for at least twelve (12) continuous months prior to the filing of the divorce.
Separation means that the responsibilities and obligations under the marriage have ceased or come to an end and it usually results with one of the party moving out of the matrimonial house permanently.
However, the parties may be separated and live separate lives doing everything for themselves while living in the same house. In this case, the Court is interested to know which of the party will eventually move out of the matrimonial house.
There are a few cases where the parties separated on the night of the wedding and were seeking a divorce the next day. These cases involved married couples with strong religious belief in which one of the parties had a particular expectation, which was not forthcoming.
Oliver W. Llewellyn shares the view that an exhaustive premarital counselling would help to reduce the incident of marital breakdown.
Do the parties have to attend Court?
A person filing a divorce is no longer required to go to Court. Instead, affidavits are filed on the person’s behalf by his lawyer. The Divorce Court in Jamaica, which is now a Judge or Master in Chamber without the parties or their lawyers, will consider the divorce.
Efforts to reconcile the marriage.
The Court is interested to know whether or not the parties received counselling during the marriage, and if so, by whom and whether or not it was successful, or whether the parties did not seek counselling because they did not think counselling could help to save the marriage.
The Court is also interested to know whether or not an attempt was made to save the marriage since separation and whether or not the parties resumed cohabitation (living together as man and wife) since separation.
Oliver W. Llewellyn shares the view that the Court in Jamaica does everything to save marriages and reduce the incidents of marital breakdown.
There are diverse views on divorce, especially by religious advocates. In light of the legal implication of marriage, if the marriage is “dead” what is the best thing to do? Talk to us!