The Jamaica Star :: News :: Can you be divorced in Jamaica when you reside abroad?

The problems with divorce are never ending. Here is another reader's concern:

"First and foremost, I would like to say I have researched your articles on the Internet regarding divorce in Jamaica and all the information I have obtained has been helpful. I have several questions regarding my situation.

First off, I am a Canadian who married a Jamaican man. My husband still resides in Jamaica from the date after our marriage. We have been married for almost two years and I want to know how to go about obtaining a divorce from this man. Like similar stories already published, he married me for his papers, and he is cheating. I know Jamaican law states you have to be living separately for 12 months, which we have. Is the divorce still possible at this time? If so, do I obtain a lawyer in Jamaica or Canada? Thank you."

Dear Reader,

The Matrimonial Causes Act states that if you want to get divorced before the expiration of two years of marriage then an application would have to be made to the court for permission to do so. However, since in your case it is almost two years, it would probably be easier to wait for the expiration of the two-year period before you file the petition.

Legal fees

The Jamaican court would have jurisdiction to grant the divorce since your husband is Jamaican and lives in Jamaica. Our law is clear. The real decider for which jurisdiction to do the divorce would depend on the requirements of the law in Canada, issues of access to the courts in both jurisdictions and the legal fees you may incur.

Let me make it very clear that I am not aware of the divorce laws in Canada so I can only advise you of the Jamaican requirements.

Six weeks' delay

A petition would have to be drafted. I assume that you do not have any children. The petition would then be filed in court and served on your husband. If he has no objection then the application will be made for the decree nisi. Six weeks after that has been granted, an application will be made for the decree absolute. When the absolute is granted then you are divorced. The six weeks delay between the nisi and the absolute is to give the parties a chance to reconcile.

If, however, he objects to the divorce by filing what is called an answer, then the divorce will be set down for a case, management conference where the court will review the matter and, if necessary, set a date for a hearing. The parties would have to be present at case management and at the hearing. Once there are no issues regarding children, this would be the only time the parties would have to attend court.

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