By Margarette Macaulay Monday, June 30, 2014
Dear Mrs Macaulay,
My sister who lives in Jamaica was married to her husband for 18 years. That union produced one daughter who is now 14. The husband left the island on a working programme in Canada with promises that the employer would file for the entire family to come to Canada. But after two years he returned, only to serve her with divorce papers.
He is the owner of a business, has two taxis on the road and bank accounts. He has left nothing for her or any access to any money to take care of herself or their child.
My sister had to move out of the matrimonial house because the electricity was disconnected because of unpaid bills. During the marriage he did not want her to work, but insisted that she stay home and take care of their daughter. How can my sister file for alimony and child support since he is not in the country?
From the way you have related the story, the husband's actions seem to have been 'out of the blue' for your sister. There is no suggestion that your sister was aware of any breakdown in their marriage or that her husband had at any time before the service on her told her that for whatever reason he had concluded that their marriage was over.
If my understanding of the facts are correct, then your sister should and could successfully defend the divorce on the ground that they have not in fact been living separate and apart after any breakdown of their marriage (as there was no mention of one) for 12 months immediately preceding the filing of the divorce papers. I am assuming that the divorce proceedings were filed here in Jamaica on his behalf and were served on her after his return.
You see, while he was in Canada on the work programme with the plans for the filing for his family still intact, and this was never directly or indirectly withdrawn, and then without any hint on his part that as far as he was concerned the marriage was over, they cannot be said to have been living separate and apart. In order to live separate and apart, the parties must each know or one must have been informed by the other that their marriage was over for certain reasons. Then based on this, they ceased to cohabit or to have any intent to do so and live separately and apart from each other. more
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