Are we really DIVORCED?
I got married in 1994 and we have been separated for 15 years now. I am in the US and he lives in Jamaica. My husband said he divorced me years ago and remarried. I have not received a copy of that divorce. I am interested in getting the divorce papers to move on with my life. He claims he can’t find them and doesn’t remember when he did it. What should I do? Does the court keep copies of divorce decrees?
This is a very invidious position for any married individual to find themselves in. Clearly, your husband, if he knew where to find you at all times, must have misled the court if indeed he did proceed with dissolution of marriage proceedings and told them that he did not know where to find you. Then, he would have obtained an order for substituted service, probably by advertisements in a newspaper. If he did not know where to find you, then he would have acted correctly in obtaining an order for substituted service and proceeded accordingly.
His lack of knowledge about when he did so, even the year, seems very odd to me and singularly unhelpful of him. Surely he can look back in his memory and come up with an approximate year or two? Surely he must recall the attorney-at-law who acted for him and he can go to that person and obtain a copy, if not of the decree absolute, then of his petition with the claim number on it. If you have this number, then a search at the court registry becomes a straightforward exercise.
At least press him for the name of the attorney who acted for him in obtaining his alleged divorce. If he says he cannot remember the lawyer nor where his office was or is, then the whole thing would surely be highly questionable.
Without a certified copy of the decree absolute issued and bearing the Stamp Duty stamp AND the impressed stamp of the Supreme Court, you cannot prove that a dissolution of your marriage did in fact occur.
The answer to your question, of whether the court keeps copies of divorce decrees is a resounding yes.
Since your husband said he obtained a divorce decree and so terminated your marriage, he bears the legal and moral responsibility to have notified you of his application and of the result. A divorce changes the legal status of the parties from married persons to divorced persons. If you wish to remarry, you must prove your change of status by producing an original or certified copy of the decree absolute and because your ‘husband’ has failed to and has not or cannot prove his assertion that he divorced you some years ago, you cannot do so.
You must now do your utmost to pry information out of him on the ground that he has the duty to properly inform you and prove to you that by his act, you are now a divorced woman. If he does not give you any further information, you will now have the whole burden of having a search conducted in the Supreme Court Registry at 54 King Street, Kingston. Telephone them at 876-665-2100. You can call and ask to speak with the registrar dealing with divorces and seek their assistance on how you can apply for a search to be commenced on your behalf and for you to apply for a certified copy of the decree absolute, if indeed one was granted to your erstwhile husband.
I trust I have adequately assisted you to take the steps you need to take so that you can prove or disprove your ‘husband’s’ statement that he divorced you years ago. If he did not in fact do so and did remarry, then he would have acted bigamously, and that purported marriage would be null and void. Please do all you can to ascertain what your true status is and if changed, obtain a certified copy of the decree.
All best wishes to you.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.
DISCLAIMER:
The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.
