It’s easy to wish that divorce could be as fast as you see it on TV especially with those shows, Law and Order and Suits and the list goes on. However, in Jamaica, there are stages to the divorce proceedings. The exciting news is that the efficiency of our local courts have improved tremendously and the divorce process is faster. For a typical divorce without any complications, it is reasonable to expect the process to be completed in a year.

The process is as follows:
Step 1 - Filing the Petition

• The Petition is the document which speaks to the history of the marriage and the reasons for separation. Ie: It sets out the grounds for which the aggrieved party is seeking the divorce. These grounds must be substantial as the courts in Jamaica do not treat divorces frivolously.  Accordingly, the grounds must demonstrate that there has been an irretrievable breakdown in marriage

• The Petition is drafted by the Attorney-at-Law, signed by the Petitioner ,stamped at the Stamp Office ,and filed at the Supreme Court, it is reviewed by the Registrar of the Supreme Court who then certifies that it is a true copy and affixes the court’s seal(This can take two weeks or longer).

• This certified true copy of the Petition is then returned to  the Attorney for service on your spouse.                                      
Step 2 - Service of the True copy of the Petition

• The Petition must now be served on your spouse. A process server is retained and the document is served on him/her on your instructions. 

(NB) A Police Officer cannot serve  the document neither can you (The Petitioner)

• Your spouse has fourteen (14) days from the date of service to respond to the Petition by filing an Acknowledgement of Service in which the divorce is either contested or not. If the divorce is contested, a date will have to be fixed for a hearing and the Petitioner may have to prove all the facts set out in the Petition, including the fact of separation and that there is no possibility of resuming cohabitation.

If your spouse indicates that he/she is not contesting the divorce in the Acknowledgement of Service then you may proceed to the next step.

• Providing that fourteen days have passed since the true copy of the Petition has been served and your spouse has not filed an acknowledgement of service or any other document in response to the Petition, you may still proceed to step 3.

Step 3 - Applying for Decree Nisi

• Fourteen (14) days after the true copy of the Petition has been served on your spouse in Jamaica (different timelines apply for service which takes place outside of Jamaica), provided there has been no challenge to the proceedings, the Petitioner may apply to the Court for a Decree Nisi which is the first indicative Order of the dissolution of the marriage. This application may be heard on paper and as such does not require the parties to attend Court. 

Step 4 - Applying for Decree Absolute

• Six weeks after Decree Nisi is granted, the Petitioner may apply for the final order in the divorce proceedings, the Decree Absolute. This application is also considered on paper without the need for the attendance at a hearing by the parties. 

• This is the final stage in the dissolution of marriage and the Decree Absolute is tangible proof to the world  and more importantly that your marriage has been resolved ie: concluded.

• NB: Each divorce is unique and through consultation with your attorney, you can gain advice on how to best treat with any additional matters that may arise. These include custody, maintenance for children and spouse; and or property division .

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