The decision to get a divorce is never an easy one especially after such romantic vows of 'til death do us apart.

Regrettably, not all unions are sustainable and in the midst of such a difficult decision arises the details of a process that can leave one feeling confused. We have provided a list of questions in a two part series to aid the decision making process as follows:

1. How long have you been married?

Such a question is at the forefront of the decision to terminate a marriage. In Jamaica, you must be married for at least two (2) years before you can petition for a divorce. Circumstances arise where one can apply to the court for permission to file a petition before two years have elapsed providing there are special circumstances which justify the making of an order.

2. Do you have an original Marriage Certificate?

The marriage Certificate  provides the details of the marriage in document form which is needed by the Court and when making the application for the Decree Nisi. A copy can be used when starting the proceedings.

3. How long have you been seperated?

In Jamaica, the parties must have been seperated for at least twelve months before a petition for divorce can be done. The 12 month period could have occured within the first year of marriage; and a couple may be seperated while living under the same roof although it is prudent to note the situation is not ideal.

4. What is the reason for seperation?

The courts do not treat such affairs frivolously. Accordingly ,while there is no need to prove that one party to the marriage cause the breakdown through infidelity,desertion and cruelty to give older examples,substantial grounds need to be established. The court must be satisfied that the marriage has broken down irretrievably and that there is no likelihood of cohabitation.

5. Have you attempted counselling and reconciliation

The court is entitled to query whether the parties attended counselling and attempted reconciliation, so it is advisable to explore these options if the circumstances permit given that some situations are acrimonious or volatile.

6. Do you have children?

The welfare of the children is paramount to the court and the court will act in the best interests of the child. If there are children under 18/21 years old and/or attending a tertiary instituon court will only grant if judge is satisfied adequate arrangements and facilities are in place. These will be discovered by questions as it relates to schooling, home, maintenance and so forth.

7. Are you entitled to file your petition in Jamaica?

Our local courts only entertain petitions where either party is a Jamaican natioal, domiciled in Jamaica or orginarly resident in Jamaica do at least twelve months.

Keep glued for the second part  of our checklist. Do you have any comments or queries? We'd love to hear from you.