Many years ago Jamaicans who wanted a divorce had to establish a 'fault ground' in order to satisfy the court that a divorce should be granted. Many persons would literally employ a private eye to watch their spouses in order to prove the fault. In those days, the salacious details of the marriage would be outlined in court and sometimes published in the newspapers. Happily, those days are now a part of our history.

Presently, the Matrimonial Causes Act, 1989 provides that either party to the marriage may present a petition for the dissolution of the marriage on one ground and that is that the marriage has broken down irretrievably.

Two pre-conditions that must be established by the spouse who is presenting the petition (the petitioner) are, firstly, that the marriage subsisted for at least two years prior to the filing of the petition and, secondly, that the parties have been living separately and apart for a continuous period of 12 months immediately before the filing of the petition. The parties may even continue to live under the same household and do some household activities for each other but in law they are separated.

To access the court, at least one of the parties must be a Jamaican national, domiciled in Jamaica at the time the petition is presented or ordinarily resident in Jamaica for a period of 12 months preceding the presentation of the petition.

The petition and other relevant documents filed in court must be served personally on the other party (the respondent) by a person authorised by law to serve those documents. However, where personal service cannot be effected because, for instance, the address of the respondent may be unknown, the court has the power to authorise an alternative method of service.

If the parties have minor children or children of the family, the court will have to be satisfied by affidavit evidence that proper arrangements are in place for the care and upbringing of the children following the divorce. The division of matrimonial property could also be resolved at the time of filing for divorce but that is not necessary.

The rules of court now provide that the petitioner may apply to dispense with a hearing. This means that the grant of the divorce will be based on the court's consideration of the documents presented. So, there is no requirement for the petitioner to attend court, unless the application is being contested. If the petition and other relevant documents filed for the dissolution of the marriage are in order, a judge or master-in-chambers will grant the decree nisi. Six weeks later an application may be made for the decree absolute upon the filing of another set of papers.

Once everything that is necessary for the divorce to be granted is established to the satisfaction of the court, the decree absolute could be granted. There is no reason why the process could not be completed within three to four months, particularly, now that masters-in-chambers are engaged in the granting of divorce.

So very soon, divorcing your spouse could be easier.