Do You Need a Quick Divorce?
DIVORCE LAWYERS IN JAMAICA
Need divorce lawyers in Jamaica hire us today!. Every case and every client is different. You wouldn’t want it any other way. We make sure we approach it with your needs in mind. With our team, there is never “this is just how it is done.” We make sure we carefully craft a solution to your unique needs so your case fits your requirements.
We have more than twenty five years of experience in the area of divorce with an efficient and committed staff. We have clients in every parish in Jamaica, most nations in the Caribbean, England, Canada and the United States of America.
Divorce proceedings in our jurisdiction are governed by the Matrimonial Causes Act (The Act). Essentially, the dissolution of a marriage is a judicial act and so cannot lawfully be obtained by any other means otherwise than by a court hearing. Divorce proceedings in Jamaica are dealt with in the Supreme Court of Judicature which is the only court of competent jurisdiction.
By virtue of section (5) of the Matrimonial Causes Act, there is only one ground required to show reason for the divorce and that is, that the marriage has broken down irretrievably.
It follows that if the Court is not satisfied that there is an irretrievable breakdown of the marriage and so there is a reasonable likelihood of the parties resuming the marital relationship then the divorce will not be granted.
Either party to the marriage who believes that the marriage has broken down irretrievably and so there is no likely prospect of reconciliation may apply to obtain a decree for the dissolution of the marriage. The application is by way of petition and so the applicant is the petitioner and the other spouse, the respondent.
In establishing to the court’s satisfaction that there is irretrievable break down of the marriage and a Decree Nisi is warranted, the petitioner must satisfy the court that they have separated and thereafter have lived separately and apart for a continuous period of not less than 12 months before the date of filing the divorce petition.
Even where the parties may continue to reside in the same house or rendered some household services to the other, the Court may nevertheless find that the parties are separated and lived separately apart. It is the circumstances of the living arrangement that will be examined by the court in this regard to see if there is separation in fact and law.
HOW TO CHOOSE A DIVORCE LAWYER IN JAMAICA
Follow these seven steps to find the best Divorce Lawyers in Jamaica that’s the right fit for you:
BE REALISTIC ABOUT YOUR DIVORCE
First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your Jamaican divorce attorney’s job is to represent you to the best of his or her ability in this process.
While you might want them to listen to your anger, frustration, pain and sadness, that is not their job. They are not trained to be your therapist, best friend or coach, and they don’t want to be. Since your attorney has higher rates and the clock is always running, it’s a gross misuse of your money if this is how you’re using them.
If you need counselling we recommend that you seek a qualified divorce counsellor. Our divorce attorneys in Jamaica have seen and heard it all. What seems immensely important to you might barely register for them within the scope of the legal process. So be realistic about the role of your divorce attorney in Jamaica W.I., and what you can expect from them.
STAY FOCUSED ON THE GOAL
Your ultimate goal in this process is to get divorced, and hopefully you can do so without any major depreciation of your standard of living. Don’t let your emotions jump in and run rampant when it comes to negotiating over material things that don’t mean much to you in the big picture.
Sometimes we can get emotional and forget that the children are also being affected by the divorce. If you do, your divorce will be longer, more litigious, and definitely more expensive than you expected. Is it worth it? No. So keep your focus on getting divorced as quickly, and with as little financial damage, as possible. Ask yourself, what kind of divorce will do that for me?
KNOW WHAT YOU WANT
Before you rush out to hire divorce lawyers in Jamaica, consider other alternatives to traditional litigation. If you aren’t completely entangled with children and finances, you could hire a mediator to help you negotiate the terms of your divorce.
Mediation is the fastest, cheapest way to get divorced, and you might not need to hire an attorney at all! If your negotiation is more complicated, you’ll have to hire a divorce lawyer to negotiate a settlement with your spouse’s attorney. Or you could consider a collaborative divorce.
A collaborative divorce is focused on negotiation with the goal of preserving a co-parenting relationship. Your last resort is a litigated trial. Typically, these are the cases when neither side will compromise.
So you need to determine what type of divorce lawyer you need based on your unique circumstances. Realize that any divorce lawyer you talk to will try to steer you in the direction of their own specific expertise. It’s up to you to know what you want first, so you can make the right choice.
IDENTIFY AT LEAST THREE POTENTIAL ATTORNEYS
Don’t jump to hire the first lawyer you meet. They are not all the same. Find at least three divorce lawyers in Jamaica that you can interview before making your decision. Clearly, you need to hire a lawyer that specializes in family law and one that’s experienced in the specific type of divorce you think is best for you.
The ideal attorney has the legal knowledge and experience you need, helps you understand the process, communicates and negotiates well, solves problems creatively and is experienced in the Jamaican court system.
Regardless of whether or not your divorce is headed to trial, your attorney needs to be experienced with the family law judges in Jamaica West Indies so that he or she can advise you appropriately on legal strategy. How do you find potential Divorce Lawyers in Jamaica? Ask your friends for personal recommendations.
Ask your trust or estate lawyer for Divorce Lawyers in Jamaica recommendations. Go online to the numerous websites that provide client reviews of Divorce Lawyers in Jamaica local to you.
INTERVIEW AND RESEARCH POTENTIAL ATTORNEYS
Start with an initial phone call. Ask them about their experience and specialization within Jamaican family law. Ask them about what type of client they typically represent. Ask them about their rates. Most divorce attorneys provide a free consult to discuss your specific situation and what their legal approach would be.
So take advantage of it to gather as much legal advice as possible! Typically, the attorney you meet with will not be handling the day-to-day issues related to your case, so ask to meet the colleague or associate that would. The divorce process can also include financial experts, parenting coordinators, coach facilitators, and forensic appraisers.
Find out your attorney’s access to these resources and if any would be relevant to your case, as it will affect overall cost. And even if you have no intention of heading to trial, look at the attorney’s trial record and history of success in court. This track record is an indicator of your Jamaican attorney’s success in negotiation.
LOOK FOR RED FLAGS
Unfortunately, many attorneys will tell you what you want to hear just to close the deal. While this is your life, it’s a business for them. There are no guarantees in this process, so if an attorney is making promises, don’t believe it. If an attorney talks about high-profile clients or divulges confidential information based on other cases, it’s highly likely they’ll do the same to you.
If they aren’t respectful of other divorce attorneys you’re interviewing, it’s a sign that they won’t be to you either. And if during your consult, they’re constantly distracted by phone calls and emails and can’t focus their sole attention on you, they likely won’t during your divorce case.
Make sure the lawyer you choose acts according to the professional ethics of the Bar Association of Jamaica and treats you with the respect and attention you deserve. This might be their business, but it’s your life and future.
MAKE YOUR CHOICE
The divorce attorney in Jamaica you choose to represent you is local, professional, knowledgeable, responsive and communicates very well. This attorney is someone you trust and feel comfortable with. This attorney supports your basic philosophy toward divorce and has a style that works for you. This attorney recognizes the importance of your children and puts them first in the legal process by not making unreasonable child support demands or custody arrangements.
This attorney is affordable. Divorce is a highly personal and emotional process, the outcome of which can have a significant impact on your life. This is an important decision, and there are no guarantees in this process. However, if you follow these steps, you’ll find the right one — the one who listens to what you want, advises you well and has your best interest and your children’s interest at heart.
Separated And Unhappy?
The legal avenues for getting divorce lawyers in Jamaica are limited to getting a private lawyer to represent you or getting legal aid, which is partly covered by the State.
divorce lawyers in Jamaica process:
- You have to be married for two years or more in order to petition for divorce. This can be waived in certain circumstances.
- You must have separated and lived separately continuously for a year before filing.
- If these requirements are met, you must retain the services of a lawyer, preferably one who specialises in divorce.
- The divorce petition is filed in the Supreme Court by the attorney.
- If the divorce is approved, a decree nisi will be granted, and six weeks later, the decree absolute.
- The decree absolute can be stalled if there are issues with child custody or division of property.
- the cost of a divorce privately ranges from between $75,000 to $100,000.
- while the courts are sometimes overburdened, persons should be able to get the matter finalized within six to nine months if all the documents are in order.
- The dissolution of the marriage is one thing, another is dealing with situations when there is wrangling over property.
“You can have a divorce finalized before you have actually dealt with the property, So the marriage will be at an end and then you make arrangements as to who the children should live with and how they are to be supported by the non-custodial parent.”
FILING FOR DIVORCE IN JAMAICA
Getting a divorce in Jamaica W.I. should not be confused with getting an annulment, which declares the marriage null and void. Some of the reasons for marital separation may vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash, infidelity, physical abuse etc.
Section 4 of the Jamaica Matrimonial Causes Act provides that Decrees of Nullity of marriage may be pronounced by the Court on the ground that the marriage is void for any of the following reasons:-
One of the parties to the marriage had a husband or wife living at the time when the parties went through a ceremony of marriage. This would of course be the offence of bigamy which is a crime.
The marriage was void under the provisions of the Marriage Act or any laws relating to marriage in force for the time being in Jamaica.
The marriage may be void under the provisions of the marriage act if, for example, the marriage was solemnized by a person who is not a marriage officer and both parties to the marriage knew this to be the case.
In the case of marriages celebrated on or after the 1st day of February 1989, the consent of either party to the marriage was not a valid consent because:
It was obtained by duress or fraud; or one party was mistaken as to the identity of the other party or the nature of the ceremony performed; or
One party was mentally incapable of understanding the nature and effect of the marriage ceremony at the time of the marriage.
The parties to the marriage were of the same sex at the time of the marriage.
ADVANTAGES OF AN ANNULMENT IN JAMAICA WEST INDIES
The marriage is completely erased as though it technically never existed and was never valid.
Unlike a divorce whereby you generally must have been married for at least two (2) years and separated from your wife or husband for at least one (1) year before the Court has jurisdiction, with an Annulment there is no such wait period.
Either party to the marriage can initiate annulment proceeding at any time after the ceremony of marriage.
DISADVANTAGES OF AN ANNULMENT IN JAMAICA W.I.
Establishing the grounds for an Annulment is generally more difficult than the grounds for a divorce. The ground for obtaining a divorce is that the marriage has broken down irretrievably.
An annulment of marriage application requires a hearing before a Judge of a Supreme Court. As such it is generally more expensive than a divorce which may be done on paper, that is, by filing documents at different stages of the proceedings without the necessity of a hearing.
Individuals who live overseas or abroad and who have some connections to Jamaica normally enquire whether they should apply for their divorce in Jamaica. The purpose of this article is to provide an outline of the frequently asked questions which our Firm receive from those individuals and the advice provided in response to same so that persons can know whether they are eligible for obtaining a divorce in Jamaica while living abroad.
WHO CAN APPLY TO THE SUPREME COURT OF JAMAICA FOR A DIVORCE?
It is no secret that Jamaica offers destination weddings and thousands of couples all over the world get married in very picturesque locations in Jamaica and are thereafter issued with marriage certificates from the relevant authority.
Where, unfortunately, the marriage breaks down, we normally receive enquiries related to whether they can apply for a divorce in Jamaica.
The Attorneys in the Firm normally advise that the following are the categories of persons who can apply for a divorce in Jamaica pursuant to the Matrimonial Causes Act:-:
- Where either party to the marriage is a Jamaican national; or
- Where either party to the marriage is domiciled in Jamaica at the commencement of the proceedings; or
- Where either party to marriage resides in Jamaica and have done so for at least 12 months immediately preceding the commencement of the proceedings.
- Accordingly, if persons got married in Jamaica but either party to the marriage does not meet any of the requirements outlined above, then the Court in Jamaica would not have jurisdiction or power to grant the divorce or the decree for dissolution of the marriage.
How Long After Separation Should You File For Divorce In jamaica?
- Generally, you must have been married for at least two years and separated from your wife or husband for at least a continuous period of 12 months before you can petition for divorce. Section 8 (2) of the Act, however, allows for a petition for dissolution of marriage to be presented prior to two years of marriage in certain limited circumstances.
- The relevant section of the Act states that a Supreme Court Judge may, upon an application being made, grant permission for a Petition to be presented to the court prior to two years of marriage where reconciliation have been attempted with the assistance of an approved marriage counselor and there are special circumstances that would justify the hearing of the Petition before the two years period.
power of attorneys in Jamaica
In addition, the concept of ‘separation while under the same roof’ is recognized under Jamaican Laws. This essentially means that parties to a marriage could be deemed to be separated under the law even if they continue to cohabit in the same dwelling once there is evidence that they live separate lives. For example, they sleep in separate bedrooms, or they no longer engage in sexual relations or cease to carry out household duties such as washing, cleaning or cooking on their spouse’s behalf.
WHAT DO I NEED TO PROVE IN ORDER TO OBTAIN A DIVORCE IN JAMAICA?
You need to prove that the marriage has broken down irretrievably and that there is no likelihood that cohabitation will be resumed.
DO I HAVE TO PHYSICALLY BE IN JAMAICA IN ORDER TO OBTAIN THE DIVORCE?
Once our Attorneys in the Firm receives certain instructions, we could utilize the procedure where the divorce is granted ‘on paper’ which simply means the procedure where the divorce is granted after filing different documents at different stages of the proceedings without the necessity of a hearing or attendance of the parties at Court. These documents which are filed include:-
THE PETITION AND SUPPORTING OR ACCOMPANYING DOCUMENTS;
The Affidavit of Service of the Petition and Supporting documents which are filed to prove that the Petition and Supporting documents have been duly served on the Respondent;
The Notice of Application to Dispense with Hearing or Decree Nisi Application (Application for Initial Order ending the Marriage) and Supporting Documents- These documents are prepared once a search reveals that the other party has not filed an acknowledgement or answer to the proceedings. Accordingly, the divorce would be uncontested and thereby does not require a hearing or the attendance of the parties at Court;
iii. The Decree Absolute Application- Six weeks after the granting of the Decree Nisi, the Petitioner may apply for the final order ending the marriage called the Decree Absolute. This application is also considered on paper without the need for the attendance at a hearing by the parties. The Decree Absolute is official confirmation that the marriage is dissolved.
The legal avenues for getting a divorce lawyer in jamaica are limited to two things:
A) Getting a private Lawyer to represent you.
B) Getting a Legal Aid Lawyer – The Legal Aid Lawyer is one who works on behalf of the government for those citizens who are unable to afford the services of a private lawyer.
There is no guarantee of a better outcome with a private lawyer versus a legal aid lawyer. It really is a matter of expediency. It often depends on the timing of the divorce, which simply means that if the courts are full, (which they usually are) then there are going to be delays. However, the private lawyer may be able to expedite a case for various reasons, including relationship and reputation in the court system.
If you are contemplating getting divorce lawyers in Jamaica, the first step is to read and educate yourself about the laws of Jamaica. There have been amendments and enactments to the law, so what may have obtained in your mother’s days may have changed significantly. Armed with the knowledge of what your entitlements are, then you need to secure the services of a reputable lawyer. It is best to get a lawyer who specializes in divorce law.
Let’s examine the route of going with a private lawyer. You must first retain a lawyer. This is done by paying a retainer fee, which goes towards your overall fee that you will eventually pay.
The retainer basically says to the lawyer that you are serious about using his or her service and therefore you are putting your money where your mouth is. It is difficult to say how much a retainer would be as each lawyer operates differently and may charge anywhere from 10-25% of the expected overall cost.
Most experienced divorce lawyers will know off the bat the ballpark figure that it will cost you, but some will feign ignorance. It is therefore important to get a lawyer with whom you are comfortable.
Paying your retainer means that you have entered into an agreed arrangement with your lawyer. He/She will then advise you on how to proceed, giving assistance in areas such as the completion of the divorce statement and the servings of the summons.
The lawyer then sets a date for the first hearing of the case. Note, however, that for many lawyers each court appearance is recorded as a separate transaction and you are charged for each appearance they make in court.
The rest of the monies you will pay are recorded as services for things such as the actual legal advice and the preparation of legal documents. After you have had your day in court and received the decree absolute from the judge, you will have to pay your lawyer his/her final payment.
DIVORCE PROCEEDINGS IN JAMAICA
Do you need to file for a divorce in Jamaica? Our legal experts can help you with this process. Find out more by clicking here..
COST OF DIVORCE IN JAMAICA?
Divorce in Jamaica costs does not have to be very expensive. Find out more about the cost for a divorce by clicking here…
I got married in Jamaica how do I get divorced?
Are you a citizen from another country that had gotten married in Jamaica and now you need information on getting a divorce? click here…
We handle a wide range of family law and divorce-related issues, including:
- Complex property division
- Spousal/Child support and alimony
- Child custody/time-sharing
- Post-judgment modification
- Premarital and post-marital agreements
- Locating hidden assets
Our attorneys will find beneficial resolutions to family matters and complicated divorce. We have strong advocates inside and outside the courtroom.
Our experienced attorneys will navigate through all areas of legality including domestic partnerships, prenuptial agreements, divorce proceedings, child custody and property division.
The advantages of working with our divorce legal team are:
- Unsurpassed reputation
- Client-driven, strategic approach
- Extensive credentials
- Broad experience
- Reliable leadership
Our solicitor give personal attention to every case since all cases are not the same. The laws surrounding the case can change so they take full advantage of the legal language on your behalf.
Our appointment scheduling is flexible. As we respect your busy life, you shouldn’t have to adjust your day-to-day activities to meet us.