BY DONNA HUSSEY-WHYTE Monday, July 28, 2014
GETTING married is easy: You can choose a church and go elaborate and expensive, or you can save money by simply getting an officiant and a couple of witnesses and voila, you can be man and wife in as little as half an hour. But getting divorced is hard, so much harder than getting married, in fact, that many couples are choosing to enter long-term separations rather than face the arduous process.
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"When I realized what I had to go through for a divorce I just decided I wasn't going to bother with it," Bernice F told All Woman.
"I decided that since I was not getting into another relationship anytime soon I just couldn't bother. I told my husband that he was free to go ahead and start the proceedings if he wanted to, but I couldn't bother."
Bernice said she has been married for a total of 17 years, but has been separated for seven of those.
"I called one lawyer's office and they told me it would cost me $90,000. Mi really couldn't bother with that," Bernice said. Thus she said she never attempted a divorce even though she wanted to be totally free from an abusive and stagnant relationship.
Melinda B's story is similar -- she is stuck in a marriage with a "virtual stranger" because neither party can afford the divorce process.
"We sleep in separate rooms; he has his girlfriend, I have my man," she said. "We've been married for 12 years and I want a divorce but we have no money. Plus I don't want any argument over who will get what. Hopefully I will outlive him and get the house for me and the children, without having to bother with a divorce."
For Harold, who is contemplating crawling through the process to make provisions for his children after his wife, from whom he has been separated 23 years, recently took up with a new man, just the quote from the attorney he consulted left him floored.
"Seventy grand. Now where will I find that kind of money? But I have to consider it even though I didn't think of it before, because I don't want this many to lay claim to my property," he said. "I don't think my wife is entitled to half, and I want to set things clear legally before she does."
The legal avenues for getting a divorce in Jamaica are limited to getting a private lawyer to represent you or getting legal aid, which is partly covered by the State.
The process:
1. You have to be married for two years or more in order to petition for divorce. This can be waived in certain circumstances.
2. You must have separated and lived separately continuously for a year before filing.
3. If these requirements are met, you must retain the services of a lawyer, preferably one who specializes in divorce.
4. The divorce petition is filed in the Supreme Court by the attorney.
5. If the divorce is approved, a decree nisi will be granted, and six weeks later, the decree absolute. The decree absolute can be stalled if there are issues with child custody or division of property. more
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