My husband has disappeared
Dear Mrs Macaulay,
I got married to an American citizen in September of 2005. I came back to Jamaica as I had to finish college. He wasn’t happy about it. When I came here he called about twice, then he disappeared. I called his family and no one seems to know where he is. I need to get divorced but have no money. What can I do?
You are certainly in a difficult position if your husband’s family is being truthful that they do not know where he is.
As you must know, you need to know his address as it ought to be put in your divorce petition and then he must be personally served with the petition. If personal service is impossible, you must apply to the court for and obtain an order for substituted service either by way of advertisements in a popular newspaper published in the city/town where he lives and which he would be likely to read, and/or service on a member of his family who would most likely be in touch with him or whom he would contact.
However, in your case, you say his family says no one knows where he is. You can therefore not apply for and obtain an order for substituted service as you lack any facts on which you can rely for such an order.
You have been married since September 2005. If you have not heard anything from him and of him from you returned to Jamaica until now, then it seems that you have grounds to apply for a Decree of Presumption of Death and Dissolution of Marriage pursuant to the Matrimonial Causes Act in the Supreme Court.
Your application must demonstrate to the court that for over seven years you have had no contact from, or with your husband, and neither you or any member of his family (state by name and relationship which ones in your Affidavit Accompanying Petition you have contacted), have any idea where he is and what has happened to him. I would suggest that before you have the petition filed, you contact his family again, as you ought to say the occasions you did so, and recent enquiries by you of them and their negative answers would be more convincing.
You say that you do not have any money. Well, as you know, you must pay for private legal services and even at the legal aid clinics, so you may have to try and find some money and/or make arrangements with an attorney about how you will settle their fees later. Or, you can contact the Official Clerk at the Supreme Court and seek his/her assistance to prepare, file and present your petition for you. This service is supposed to be free of charge and I trust that it still is, as I have not heard or seen any information that this has changed.
I hope I have clarified the position for you and that you can move forward now. I wish you all the best.
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. All responses are published. Mrs Macaulay cannot provide personal responses.
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.
