Divorce Lawyer Victoria W Brown

Divorce procedures are controlled by the Matrimonial Causes Act of our jurisdiction (The Act). Fundamentally, as the dissolution of a marriage is a judicial act, only a court hearing may be used to obtain it legally. Divorce matters are handled by Jamaica's Supreme Court of Judicature, which is the only court with the required power. There is just one ground for divorce that must be established as the reason for the divorce, according to Matrimonial Causes Act section (5): the irretrievable dissolution of the marriage.

Contested divorce

In contested divorces, a judge from the Supreme Court of Jamaica must consider one or more matters at the trial level. The parties will be responsible for the further cost of the lawyer's time and preparation for this. The parties involved in such a divorce are unable to come to terms with problems like the distribution of marital property. It has been reported that the lawsuit procedure can take anything from a year to two years to complete in certain circumstances. The decision in the case is made by the judge.

Uncontested divorce

The two parties can agree on the children, property, and support matters in an uncontested divorce (either with or without attorneys, mediators, or collaborative counsel). The divorce will very certainly be approved if the parties can reach a compromise and submit a fair and equitable agreement to the Supreme Court of Jamaica. If the parties are unable to reach an agreement, they may request that the court make decisions on the division of assets and child custody.

Division of property

A court allocation of property rights and liabilities between spouses following a divorce is often referred to as equitable distribution. A property settlement, a court order, or an agreement can all be used to accomplish this. The Supreme Court of Jamaica has the authority to issue a number of directions to either party regarding the partition of property. They consist of the following: Depending on what is most suitable, the payment of a lump sum may be mandated to one party from the other or in a succession of lump sums. Property does not always refer to tangible items like your home. Maintenance, pensions, and shared savings are other assets that might be included in your combined estate.

Alimony

When a marriage ends in divorce, one spouse may continue to support the other financially by paying alimony. Frequently, the receiving spouse must be dependent on their ex-spouse for financial assistance. As a result, alimony is a sum of money determined by the court and awarded to one of the parents, often as a contribution to the child's upkeep and education.
The amount of alimony awarded may depend on a number of variables, including the length of the marriage, the ages of the parties, any degrees the parties have acquired, etc. The amount of alimony can be determined by a number of factors relating to the costs and financial circumstances of the divorced or separated parents, including their credit score, rent, net monthly income, taxes, or particular costs related to the children (health, education, medical etc). Payments may be made all at once or over the course of many months. The length of alimony is frequently determined by how long the marriage lasted; in other words, the longer the marriage, the longer alimony will be paid.

Therefore, if the Court is not persuaded that the marriage has irretrievably collapsed and that there is a reasonable possibility that the parties may reconcile, the divorce will not be granted. Therefore, any partner who believes their marriage has irretrievably broken down and has little hope of ever being repaired may request a divorce judgment. The petitioner is the applicant because the application is being filed via petition, and the respondent is the other spouse.

Divorce In Jamaica

Decree Absolute Jamaica

To establish to the Court's satisfaction that there is an irretrievable breakdown of the marriage and a Decree Nisi is appropriate, the petitioner must persuade the court that the couple separated and then lived apart for a continuous period of at least 12 months prior to the date the divorce petition was filed. Even if the parties continued to reside in the same house or shared certain domestic duties, the court may nonetheless find that they were estranged and lived separately. The Court will consider the facts of the living situation to decide whether there is a separation in fact and law.

Divorce Lawyer In Kingston Jamaica

A Supreme Court of Jamaica judge must weigh in on one or more issues in contentious divorce cases during the trial stage. The additional expense of the attorney's time and preparation for this will be borne by the parties. In such a divorce, the parties are unable to resolve issues like the partition of marital property. According to reports, the litigation procedure might take between a year and two years to conclude in certain situations. The judge renders a decision in the matter. The Supreme Court of Jamaica has the power to award divorces, which frequently include dissolving the formal marital connections between a married couple.
Additional things to think about while considering a divorce include the division of debt, kid access, parenting time, child custody, spousal support (alimony), and property distribution.

Divorce Lawyer In Kingston Jamaica

Victoria Brown Attorney

In an uncontested divorce, the parties can agree on the issues of children, property, and support (either with or without attorneys, mediators, or collaborative counsel). If the parties can compromise and provide the Supreme Court of Jamaica with a fair and equitable arrangement, the divorce will almost probably be accepted. If the parties are unable to come to an agreement, they may ask the court to decide how the assets will be divided and who will have custody of the children. Equitable distribution, during a divorce, is a court-ordered division of assets and debts between the parties. This can be done by a property settlement, a court order, or an agreement. The Supreme Court of Jamaica has the power to provide either party a number of instructions on the division of property. These are what they include: The payment of a lump sum may be required to one party from the other, or it may be paid as a series of lump payments, depending on what is most suitable. Property is not necessarily a physical thing like your home. Additional assets that can be incorporated into your combined estate include maintenance, pensions, and joint savings.

How Long Does It Take To Get A Divorce In Jamaica

One spouse may continue to financially assist the other after a divorce by paying alimony. The receiving spouse frequently needs financial support from their ex-spouse. As a consequence, alimony is a financial award made by the Court to one of the parents, usually as a contribution to the maintenance and education of the child.
The length of the marriage, the ages of the parties, whatever degrees they may have earned, etc., may all have an impact on the amount of alimony given. The costs and financial conditions of the divorced or separated parents, including their credit score, rent, net monthly income, taxes, or particular expenditures linked to the children, might affect the amount of alimony (health, education, medical etc). Payments may be made all at once or gradually over a period of time. In other words, the length of alimony is typically based on the length of the marriage; the longer the marriage, the longer alimony will be paid.

Divorce Lawyer In Kingston Jamaica
Filing For Divorce In Jamaica

Victoria W. Brown & Associates is a reputable and knowledgeable group of divorce attorneys in Jamaica, West Indies. We are aware that significant life events, such as settling on a child custody arrangement, getting divorced, asking child support, or debating paternity, may be extremely stressful and emotionally exhausting.
As an attorney at law, it is our goal to provide our clients with exceptional legal counsel while also striving to comfort them that, despite the fact that the outcome is uncertain, they may have faith that the law will be upheld and that their interests will always come first.

Filing For Divorce In Jamaica

Frequently Asked Questions

Victoria W. Brown & Associates is a strong, competent group of divorce attorneys in Jamaica West Indies. Whether you are establishing a child custody arrangement, filing for divorce, seeking child support, or contesting paternity, we understand that these life events can be highly emotional, and very stressful.

As an Attorney-at-Law, our goal is to provide our clients with high-quality legal representation while seeking to assure them that while the outcome is not guaranteed, they can have faith that due process will be followed and that their interests will be of paramount interest to us.