Frequently Asked Questions About Divorce in Jamaica

What’s the cost for divorce in Jamaica?

The cost of filing for a divorce in Jamaica through a private lawyer is approximately 80,000 to 100,000 JMD while legal aid which has a much longer waiting period is approximately 30,000 JMD. The cost may be higher depending on the complexity of the matter.

 

What’s the easiest way to get a divorce in Jamaica?

The easiest type of divorce to file for in Jamaica, is called an uncontested divorce and this takes the least amount of time. This can take anywhere from 9 months to 1 year due to the fact that all of the major issues have been agreed upon by you and your spouse.

 

 

Are lawyers needed to get divorced in Jamaica?

The spouses in the marriage may need the legal advice of a divorce lawyer when going through the dissolution of the marriage. Lawyers in Jamaica often offer advice on the divorce process. The lawyer may also become vital if one spouse decides to challenge the divorce application and a hearing is necessary before a judge.

 

 

How long do you have to be separated to get divorced in Jamaica?

According to the Jamaican law, the parties must first be separated for a continuous period of 12 months notwithstanding attempts at reconciliation. There are special circumstances, for example, alleged domestic violence, the couples must have been married for a minimum of two years and separated for one year before filing a divorce

 

Who pays for a divorce?

The Applicant (person filing for the divorce) will always pay the divorce filing fee.

 

What is a wife entitled to in a divorce in Jamaica?

The he Property (Rights of Spouses) Act, 2004, introduces what is called the ‘equal share rule’ which is a presumption that each spouse is entitled to 50% of the family home on the grant of a divorce, the termination of cohabitation, the grant of a decree of nullity of marriage or where a husband and wife have separated and there is no likelihood reconciliation.

 

 

What documents are required for divorce in Jamaica?

The application for the decree nisi is made with the following documents: (1) notice to dispense with hearing, (2) affidavit of petitioner in support of petition for dissolution of marriage, (3) affidavit of search, and (4) decree nisi.

 

What is the quickest divorce you can get?

The divorce that takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all the major issues have been agreed upon by both parties.

 

 

How long after marriage can you 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.

 

 

How are assets divided in a divorce in Jamaica?

The marital home is usually marital property that each will either determine who keeps or that sells for a shared profit during the divorce. Many items include land, furniture, automobiles, bank accounts, stocks and bonds and other assets and debts are divided among them. The two will usually get an equal share of all assets, debts, and property.

 

How long does an uncontested divorce take in Jamaica?

Without this challenge, the petitioner can then submit an appropriate application for a decree nisi or the first order with the divorce process. There is no need for a hearing with the judge. However, the average time for this process is a period of approximately six months.

 

How do I file an uncontested divorce in Jamaica?

How do I file an uncontested divorce in Jamaica?

To file a no-fault, uncontested divorce, you’ll need:

 

To have a summons and complaint or petition served on your spouse. To have your spouse file a response to your complaint or petition. To fill out forms that put the case on the court calendar. An affidavit of service for the papers that were served.

 

How long after marriage can you divorce in Jamaica?

Generally, you must have been married for a minimum of two years and separated from your husband or wife for at least a continuous period of 12 months before you can petition for divorce in Jamaica..

 

How do you dissolve a marriage in Jamaica?

Either party to the marriage (at any time after the ceremony of marriage) can initiate an application for an annulment of marriage at the Supreme Court of Jamaica by the filing of a Petition for Nullity of Marriage pursuant to Rule 76.4 (3) of the Civil Procedure Rules, 2002.

 

Can I get a divorce in Jamaica without a lawyer?

The legal avenues for getting a divorce in Jamaica are limited to getting a private lawyer to represent you or getting legal aid, which is partly covered by the State.

 

How do you get divorced if you got married in Jamaica?

 

Before any of the parties can apply for a Divorce in Jamaica, you must be married for a minimum of two (2) years and must have lived separate and apart for a minimum of Twelve (12) months before you can apply for the Divorce. You must have a certified copy of the Marriage Certificate available.

Child Support FAQ’s

 

How do I put someone on child support in Jamaica?

An application for child maintenance can be made at any of the Parish Courts located across the island. It is recommended that you ask an Attorney-at-Law to file the application on your behalf, but you can also do this on your own.

 

How do I get full custody of my child in Jamaica?

You can file for your child’s sole custody in the Supreme court of Jamaica, family court, or magistrate court in your local parish. Under the Children (Guardianship and Custody) Act; Either parents of the child can file for sole custody.

 

How long is a parent legally responsible for a child in Jamaica?

Child Maintenance can be legally binding until the age of twenty-three (23). Grandparents or legal guardians may also be ordered to pay child support if a parent has died or if the parent has been rendered incapable of caring for the child.

 

How does custody work in Jamaica?

The courts generally make orders for joint custody and for care and control to the parent with whom the child would live as he or she can provide a safe, stable, and caring home for the children. Then the judge will order access for the parent who does not have the children living with him or her.

 

How do you file for Child Support in Jamaica West Indies?

 

A person may apply to the Parish Court in the parish they reside or at the Kingston and St. Andrew Family Court.

Visit the links below for the Parish and Family Court listing:

https://parishcourt.gov.jm/

 

Family Courts

 

Once the application has been completed, a summons will be issued to the parent against whom the claim is being made. Both parents must then appear in Court; with or without an attorney.

 

How much money is child support in Jamaica?

There is no minimum or maximum amount payable for child maintenance. The Court will assess the needs of the child in order to determine the amount of financial support required; factors include: Physical and mental health of the child.

 

How is Child Support Granted in Jamaica?

 

There is no minimum or maximum amount payable for child maintenance. The Court will assess the needs of the child in order to determine the amount of financial support required; factors include:

 

Physical and mental health

General health needs

Nourishment needs

Extracurricular activities

Educational needs

 

The Court will assess the financial means of both parents or legal guardian(s); factors include:

 

Job description

Salary amount

Loans or liabilities