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Easy divorce for greener pastures

In past weeks, this column focused on divorce and especially those marriages that struggled or ended at about seven years. It is not unusual for parties to go their separate ways with one or both parties looking north, in particular the United States of America, for 'greener grass'. The greener grass concept does not only refer to greater and better opportunities for employment, better standard of living and upward mobility, but also to a new relationship. In response to these articles in the last two weeks, a reader of the Star has written what I regard as a most interesting piece.

Seeking abandoned men

She said: "These women are leaving their husbands for men in the United States. They do not know the mistake they are making. The grass is never greener. Where are these men that they are leaving behind? We are in the United States, successful and by ourselves because we work so hard for success. We would like to contact these men that they have left. Needless to say I am 53 years old but still look ok."

The reader has raised at least two interesting points. The first being whether, as the economies in the poor countries like Jamaica gets tougher, people are pulled out of their relationships for economic reasons just to live a better life abroad. This might very well be a reality we can no longer ignore. The second point concerns the lonely and sometimes empty life lived by so many people who have gone to what is greener grass. This is not an unusual concern for some Jamaican women living abroad.

Decree of dissolution

Some people might ask to what extent our legal system facilitates the ease of divorce. Consider this, getting a divorce is not so difficult anymore; the law provides that "A petition for a decree of dissolution of marriage may be presented to the court by either party to a marriage on the ground that the marriage has broken down irretrievably." This is not a difficult hurdle to cross. Before this, the petitioner had to be married for at least two years and separated for 12 months out of those two years. Generally, the legal fee is neither astronomical nor prohibitive and with recent amendments to the Civil Procedure Rules, 2002, you don't even need to go before a judge anymore. All of this is now paperwork between the lawyer's office and the court. Not bad.

It is clear that getting married might be a headache especially with all the expenses of ring and reception, but getting out of it might very well be as easy as a walk in the park, especially when the grass is greener on the other side and a 53 year old woman beckons.

Keith N. Bishop is an attorney-at-Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com.

 
May 29, 2008
 

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