Mcgregor
One reader, who has been married for four years and separated from her husband for two years, wants to get a divorce. She is a British citizen, who has been living in Jamaica for 22 years. Her husband lives in the United States, but she has no knowledge of his actual whereabouts. She has an address for her husband's sister. What can she do?
The reader is entitled to file a petition in the Jamaican court to obtain a decree nisi, although she is a British citizen. The fact that she has been residing in Jamaica for 22 years means that the Jamaican court has jurisdiction to hear her petition as she is someone who has been ordinarily resident in Jamaica for at least 12 months immediately preceding the date on which the petition was filed.
Options
Despite the fact that the Matrimonial Proceedings Rules ('The Rules') require the petitioner to state the occupation and residence of the respondent at the time the petition is filed, if that information is not known, it is unlikely to cause the petition to fail. This is because the Rules provide options for serving a petition on a respondent whose whereabouts cannot be ascertained.
The petition is to be served personally on the respondent, whether the respondent is in Jamaica or not. However, it is not proper for the petition to be served by the petitioner. It is best for someone who knows the respondent or a process server to do so. In the case of the process server, he should be provided with a recent photograph of the respondent, if the petitioner does not accompany him to serve the petition.
If the respondent cannot be found to serve him with the petition personally, the Rules provide for the petitioner to apply to the court for an order for substituted service. That is to say, service may be effected by some other method, which is approved by the court. For example, if service is being effected in Jamaica, the petition may be served:
by delivering it to a relative or other person connected to him. by advertisement. by any other method which is likely to bring the existence and nature of the proceedings to the attention of the petitioner.
When making an application for substituted service, the petitioner must file an affidavit stating:
The reason for seeking to serve the petitioner otherwise than by personal service
The attempts made to effect personal service, if any
The reason personal service has not been attempted (if for some reason it has not been tried)
The reasons for believing that the proposed method of service is likely to cause the petition to come to the respondent's attention.
Serve petition
In the case explained by the reader, she could attempt to obtain an order for substituted service to serve the petition on her husband's sister. In her affidavit, she would explain that she has no address for the respondent and is therefore unable to attempt to serve him personally. She would go on to state that she knows how to locate his sister by asserting that she believes that the sister is in contact with her husband and it is likely that, if the petition is served on her, it will come to her husband's attention.
The reader would also be well advised to consult an attorney for advice.
Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.
