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Posted on 05/20/2020 in Business by BusinessJA Blog Team

Important Things to Know When Hiring a Divorce Lawyer in Jamaica

Important Things to Know When Hiring a Divorce Lawyer in Jamaica

Things You Should Know About The Divorce Lawyers’ Services in Jamaica

Filing for a divorce is never pleasant. Many persons would rather try and outlive their spouses than pay the huge cost of getting a divorce. This can be from $60,000.00 to as high as $100,000.00 depending on where you go seeking to file.

The Divorce lawyer’s Role

The first information by law is that you have been married for a minimum of two years. You then have to be separated for a minimum of one year. The separation may not mean living in different houses, but you can be living at the same address but not cohabiting or intimate. The reasons for wanting a divorce in most cases are not relevant. However, each party must prove that the relationship is irreparable. In doing so you have to state in written form briefly, why you believe this to be the status of the marriage.

If children are a product of the marriage and are between the ages of 18-21, and you are responsible for their tertiary education, you need to state the plans of support after the divorce. Living arrangements for the child or children must be made clear to your lawyer as well. If there are minors involved, there must be solid agreements about their welfare. There must be arrangements and agreements as to which child or children will live with which parent, and visiting privileges.

Should there be any filing for sole custody of the child or children, the time of the divorce process may take longer, and in most cases be very unpleasant. It can be very traumatic for the family as well as the children. So, the couple that is filing for the divorce should get counseling before filing, as well as during the proceedings. This will help the family deal with the trauma. The court will as well consider the findings and report of the counseling sessions for deliberation and ruling.

Where it concerns property and their sharing or who gets what; it is advised to have these discussed as well. Many divorces take years because of property issues that cannot be resolved. 

The Marriage Certificate must be submitted when going to court for the Decree Nisi, as proof of marriage and which will have the date you were once very much in love.

The above-mentioned reasons are what divorce lawyers in Jamaica have to ensure are in the petition before taking it before a judge. The lawyer will tell you what are the payment arrangements and the waiting period. This can be any time depending on the path the proceedings take based on the content of the divorce petition.

Where to go for a Divorce in Jamaica

Many persons based on the cost quoted to them may opt-out of getting the divorce. However, should you want to start over in a new relationship it is advised you try and get the divorce. If you cannot afford a private divorce lawyer, you may go to the Legal Aid Clinic on Tower Street, in Kingston, or by the Norman Manley Law School Legal Aid Clinic at Mona UWI. These institutions will give you options as to the cost and possible duration of your divorce petition.

If you are using a divorce lawyer, the petition is presented to the court, the judge if approving the content of the divorce petition, will grant the divorce. On granting the divorce, you will receive your divorce absolute after six weeks. Should the petition have issues found by the court, the waiting time may take much longer.

How Long is the Legal Aid Clinics Process in Jamaica

If you are using any of the above mentioned Legal Aid Clinics, your waiting time may be anywhere from nine months to two years. This is because of the many cases being process through the Legal Aid Clinic. The cost may be a lot less, however, but the waiting time to start your new life legally may be a lot longer.



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