What is the procedure for divorce in Jamaica?
There are four stages in divorce proceedings: (1) commencement, i.e., filing a petition for dissolution of marriage, (2) service, (3) application for decree nisi, and (4) application for decree absolute.
How is divorce paper served?
After you file for divorce, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the “Defendant”). This is called “service of process.” The Court does not serve the papers for you. It is up to YOU to make sure your spouse gets served.
How are Summons served in Jamaica?
Judgment Summons Judgment Summons must be personally served on the Defendant at least ten (10 ) clear days before the court date. Pink Summons must be personally served on the Defendant at least twelve (12 ) clear days before the Court date.
How long does it take to process a divorce in Jamaica?
On average, divorce in Jamaica starts at $120,000 and can take up to 18 weeks to complete. The competence of your divorce lawyer and the complexity of your case will influence the cost for your divorce and the length of time it will take.
What is a wife entitled to in a divorce in Jamaica?
The Act introduces what is called the ‘equal share rule’ which is a presumption that each spouse is entitled to one-half share 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 …
How long after separation can you get divorced?
If you are divorcing on the grounds of separation, then you and your spouse will need to have been separated for at least two years if you both agree to the divorce, and at least five years if you don’t.
What is the next step after divorce papers are served?
The next step after divorce papers have been served is to consider filing temporary orders regarding child custody, spousal support, child support and possession of the family home.
What happens after divorce papers are filed?
The court the makes a decision and files the final order. If the case is uncontested, it is set for final hearing about four months after the complaint is filed. The defendant is notified but may not contest the grounds for the divorce.
Can you refuse to be served papers?
You can refuse to accept documents from a process server. … Whether you accept the documents or not, you are considered to be served. Refusing to accept documents does not stop a lawsuit against you from proceeding.
How are summons served?
Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
Can a summons be served on a Saturday in Jamaica?
Serving a summons at night is against all rules of the Court. In your case, you should go to Court and make an application to serve the man who owes instead of him in person. The Court staff or a lawyer can assist you to draft the application and all relating documents.