Divorce marks the legal conclusion of a marriage. A divorce can take many years to conclude depending on several factors, some of which neither you nor your divorce lawyer will have any control over. The factors that you and your divorce lawyer have no control over include the number of matters that the court is dealing with and the divorce being contested by your spouse. Naturally, these are elements that may affect the speed of your divorce application in Jamaica. However, there are certain aspects that are in you and your divorce lawyer’s hand.
One thing we find that can slow down the divorce application is our client not having his or her documents in order. You will need the original marriage certificate and a valid method of identification. In cases where our client does not have the original marriage certificate, the divorce lawyer would have to make an application for one. This process can take up to three weeks even when applied for express. The upside to this is that if the client has a photocopy of the marriage certificate, the photocopy can be used to initiate the divorce application and in the meantime an application can be made for the original. However where the client has no copy whatsoever of the marriage certificate, the divorce attorney would have to apply for on (usually at an additional costs to the client). The issuing of the original marriage certificate from the Registrar General’s department can also take up to three weeks after making the application.
Once your divorce lawyer contacts you to say that the petition is ready to sign, make some efforts to sign it as quickly as possible since the application will not start until the signed petition is submitted to the court.
The court requires the petition to be served on your spouse so knowing the whereabouts of your spouse is almost vital to receiving a divorce. One of the causes of delays in obtaining a divorce in Jamaica is not having a recent address for your spouse. If you cannot find your spouse he cannot be served.
One of the requirements of a divorce in Jamaica is that the Respondent must be served personally by an independent third party. This means that the person seeking the divorce must have another person who is willing and able to effect service on the Respondent.
In the event that you do not have an independent third party to serve your spouse, you can hire the service of a process server. This will attract a separate fee. We usually have a set of process servers in Jamaica whose service we usually use. Their fees however vary depending on the parish in which the Respondent is living.
One major factor that will affect the speed of your divorce is your divorce lawyer. When you are selecting a divorce lawyer in Jamaica, try to select someone who is experienced and responsive. The return of documents from the court due to errors can definitely set your divorce back by months. The more errors the longer the process will take. We have seen cases where divorces are dragged out for 3 years because of errors.
Taking these factors into account you can shave months if not years from your divorce.