Sunday, 19 May 2013

Trinidad & Tobago Pro Se Divorce Procedure


Q: Do I need a Lawyer to file for a divorce? I don't have much money, so I'm wondering if I can do it myself. 



A: Yes, it is possible to file for a divorce on your own, but due to the complexity of many divorces, I will not recommend that anyone does this unless, of course, they have a legal background. If not done properly, i.e., proper wording on documents; use of correct forms; and having things done within the time frames and signed by the right people, the outcome can be very adverse.

With that being said, the cost still remains an issue as the average Lawyer in Trinidad and Tobago charges TT$5000/US$800/£530 to START proceedings. This price will increase depending on the case's complexity, i.e., the involvement of property, children, joint business venture and/or alimony. 

 
Beginning The Pro Se Process: The spouse who files for the divorce is called the Petitioner. The other spouse is called the Respondent. 

If you are the Petitioner, you will file a Petition for Divorce. The Petitioner can get the divorce package from the Family Court.

If you are the Respondent, the petition would have been already filed and you will have been served; you now have to respond. 


Below are things to consider before filing a Petition for Divorce:
  • Where to file the Original Petition.
  • How to file.
  • Grounds for divorce
  • Notifying your spouse that you have filed for divorce
Where to File: The Family Court is located at Cipriani House, 4 Cipriani Boulevard, Port of Spain and can be contacted on 223-1060. Tobago residents must use the Trinidad Family Court to file a divorce.

Filing Your Petition for Divorce: After completing the petition and statement of arrangements (if there are children involved), you have to hand deliver the form with the ORIGINAL marriage certificate and pay the necessary fees, which is around $100 for a simple divorce. Fees vary depending on pages and number of separate applications included. 

N.B. The petition MUST be printed on both sides of the paper (not one side per page) and two copies of the petition and marriage certificate are required. 

The clerk will stamp them with the date and file the original with the court. The two copies will be date stamped and one returned to you for your files. The other is used to notify the Respondent that a petition has been filed. 

If you want to get a divorce, you have to prove the irretrievably breakdown of the marriage. 

Grounds for divorce according to Section 4(1) of the Matrimonial Proceedings and Property Act 1972, as amended:

·         adultery

·         unreasonable behaviour  (e.g. abuse) 

·         two years of separation (need consent of Respondent)

·         five years of separation (do not need consent of Respondent)

·        abandonment -- one spouse left the other without there being an agreement of separation [The Family Court only accepts this application if done by an Attorney]

 

The most important section is entitled “Particulars” because this is what the Judge reads to decide whether or not the divorce should be granted. This is where the Petitioner states the reasons why the marriage should end, giving specific details of behaviour by the Respondent to prove this. The Petitioner CANNOT use his/her own behaviour as examples. The easiest way to go about getting a divorce is to prove unreasonable behaviour; e.g., adultery, abuse, or breach of trust. The unreasonable behaviour MUST be within the last 6 months, proof of which is needed, such as police reports, texts, e-mails or pictures. I want to reiterate the fact that the “Particulars” section is the MOST important part of the divorce petition, so the language used must be clear, coherent and chronological.



199 comments:

Anonymous said...

Hello,
I am thinking of getting a divorce.I have been married for 13 years and have 3 children 12, 7 and 6years old. My husband has been unfaithful several times.I have evidence of an email from 2 years ago and though he denied it all the time it was late last year confirmed when the other woman called me. When I tell him that I want a divorce he says that if I take away his children I "will not like the outcome".He has threatened me in the past to do harm to me and make it look like a robbery.Is that grounds enough for a divorce.He is self employed and I work on contract, what sort of support will I get

User said...

Can u email me the divorce package

Trinbago Rights said...

Send private e-mail

Trinbago Rights said...

I need much more information from you before I can give you my opinion. Send me a private e-mail.

Anonymous said...

Hey, I have been married for five years, the first two years my husband didn't have time for me, he worked and his free time was for his family and friends. I even spent two Christmas alone because of this. Somewhere in between I had cheated due to loneliness realizing it was worst than want I was going though, so I decided that that didn't make sense.He never knew this until the end of the fourth year. The 3rd year went by so fast with fights and a few happy moments. You see what I didn't no is that my loving husband is a chronic drinker, smoker and gambler, yes all three. Not to mention due to his passion to lime we have a sexless and also verbally abuse marriage. Well he found out about my ordeal years after. And realizing he left me lonely he stayed and we tried to work though our problems. Fives now and its even worst than before. So after a verbal outburst from him today I have decided to call it quits, he is presently doing what he loves best until further notice. I need any advice u can give me. Thanking u inadvance.

Anonymous said...

Can I get the email address please I am not seeing it here.

Trinbago Rights said...

In order to prevent spam, I cannot post my email address on the internet. My e-mail is in "About Me".

Trinbago Rights said...

Well the only way to "call it quits" is to get a divorce. If you want that done, just send me a private e-mail.

Anonymous said...

Hi,my husband left in 2009 and there have been no communication. We got married in 2001. Don't have the money to pay for a lawyer and would like to do it myself.

Trinbago Rights said...

Please send a private e-mail.

Anonymous said...

hi, I've been married for 14 yrs now and have 1 child whose 13yrs. for the past 2 yrs my husband and I have been having problems which escalated when a woman called on his phone and abused me verbally. I have asked him to get an aids test to prove that he was not unfaithful. he promised to do this test over 6mths ago and still has not done it. I have now decided to file for divorce as a marriage cannot survive without trust. what should I do?

Trinbago Rights said...

We need proof within the last 6 months to get a divorce. Can you provide any information to support his infidelity?

Send me a private e-mail.

Anonymous said...

Hi I have been seperated for 19 years I want to get my divorce 1 child in that marriage and hes 20 years I have move on living with some one and have two kids in that relationship I would like you to e-mail the package for me please thank you

Trinbago Rights said...

You can only do a "simple" divorce on your own under certain circumstances. For your situation involving a child, you will need to come in to see us for that.

Anonymous said...

I am separated from my husband for the pass 6mths . I left him for someone else because he has been unfaithful to me on two occassions. However my 15 year old daughter is with him and I want to proceed with a divorce and custody of my child. What do I do?

Trinbago Rights said...

1. You can't use your own infidelity as grounds for divorce.

2. It may be difficult to get full custody considering that you left your daughter there when you left, but we can fight for joint custody for you.

How long were you guys married? Any property together? Do you have proof of his infidelity? Any of it within the past 6 months?

Answer by sending me a private e-mail.

Anonymous said...

Hi, I have been married for the past 8 years. My husband has been unfaithful in the marriage two years ago, he has also been keeping secretsand iI only learnt of his unfaithfulness in May. From May to August of this year he has been extremely abusive until the police had to literally rescue me from his hands. I presently have a restraining Oder out against him. I want to divorce him, but I want to do it myself. The marriage produced 2 children. I was told that I had to wait until 2 years to get a divorce, but after reading the information here I see a list of things. Please advice me, for the sooner the better.

Trinbago Rights said...

Send me a private e-mail.

Anonymous said...

Hi, I have been married for two years and we have been together for five years before marriage. Then the drinking started and the all nights out and then he would come home next day, the verbal abuse started, neglect, unfaithfulness etc. I am fed up, I tried to get him to attend counseling but he never wanted to go. I am now prepared to file for a divorce, I have met someone else and would like to move on with my life. But, he does not want to let me go, we are have been separated for two months now we no longer live in the same house.What should I do? Should I file for the divorce on the grounds of abuse. But, I was unfaithful and he knows so I am waiting for him to file for the divorce. What should I do? He does not want to leave me alone.

Trinbago Rights said...

Send me a private e-mail. See "About me" section.

Anonymous said...

I have been separated from my husband for the past 4.6 years. It all started where he meet a girl which he said was a friend. It was nasty for the first two years. He and the girl used to come in front my work and my family house and harass us. He was in and out the house but I didn't take them on because I used to say God is good. I have three children with him 12 boy, 10 girl, 6 girl and I still live in the marital house that his parents provide for us. I am supported by his parents and my parents because we are both full time students. Last year he wanted a divorce (and he wanted me to sign a consent form stating I want it as well) but I got a feeling and I turned it down. Then one month later he had another son with the girl. ( hence he wanted a divorce) Summer 2013 he came up to me stating he taking the kids indefinitely after 4.6 years the kids were with me and he had them Frid, Sat) I made all the decisions. I watched him and said we need to discuss, he then replied there is nothing to discussed. All of a sudden he wants a family elsewhere. I left him because I know my kids would chose where they want to go. At moment the boy and my 6 year old stays with me and the 10 year old girl stays with him Monday to Friday.
I want a divorce . Under which grounds I can file? I don't want any maintenance or anything at the moment because the situation is a bit complicated because of how his parents and my parents supports. HELP. THANKS

Trinbago Rights said...

We can deal with this for you. Come in to see us and we'll get the ball rolling to have this filed for you within a few days.

Send me a private e-mail.

carrey houston said...

i have been married with my kids dad for the past 12 years and he didnt want to marry me, however i kept nagging him, even though he wasnt husband material i thought after the marriage he would change, however when we finally got married he didnt want anyone to know he was married and he used to hide his ring, the bottom line is eventually i cheated and i came out and told him what i did...after i tried to work things out with the husband not knowing he had someone...my friend saw him with the person and when i confronted him he denied however i called the person and she admitted it. he ended up leaving home and some months after he came saying he left her because she wasnt me but i found at that she left him to go back with her kids father and since that the relationship has broken down terribly. he still lives in the house but we are in separate rooms, i would like a divorce, can you please tell me what grounds can i file for a divorce, i really needs to get out of this

Trinbago Rights said...

Send me a private e-mail.

Anonymous said...

I only been married for less than a year with a child on the way. my wife is 18 years and im 24. after just 3 months of marriage she has become a complete different person. she wants to be controlling of my life quit her job and I have no privacy she is always going through my phone and things which I have nothing to hide. Also we argue everyday. What are my chances of getting a divorce may 2014 will make a year

Trinbago Rights said...

You must wait 12 months.

Anonymous said...

good day I was married 8 yrs ago and we seperated 5 mths after....we did not register or have any property, kids and I dont want any spousal maintenance. I currently live Grenada how long would iy take to get a divorce, and do I have to go through a lawyer here or should I contact one in Trinidad.... thank you

Anonymous said...

hi if I'm separated for about 3 yrs from my wife.... but I did stay ay here place for a mth this yr as I was in a moving transition I want to divorce now do I have to wait for 12-24 mths again...also I moved to Grenada do I have to use a lawyer here or can I use one in Trinidad.....Thanks

Trinbago Rights said...

No, as long as she won't contest, you're ok.

The easiest option is to use a Lawyer in Trinidad because your wife lives in Trinidad. You don't need to attend, the Lawyer will deal with everything.

If you would like me to handle this for you, let me know.

Anonymous said...

I would love to email u but i cannot seem to locate your email address in About Me. Where exactly do i have to look to find it? Thank you

Trinbago Rights said...

"Ask a question"

Anonymous said...

me and my wife have been married 4 years but lived together about 15 years i suspect she is cheating but no concrete proof we have two kids 18 and 12 she is always lying and i have proof of lies in the form of texts she had sent me i feel its divorce time what can i do

Anonymous said...

Hi i have been married for the past 6 years but have been living with my husband for approximately 12 years prior. I am presently seeking a divorce because in May of 2011 I left for work and when I came home his things were gone and since then we have been separated, he has since moved on and I am still single. During the course of the marriage I have not been unaithful, but 9mths after we got married he left me and went and live with a woman for a year I took him back after that year ad he left me again in 2011. We do not have any children together and I just want a divorce nothing else. He agreed to divorce me about 1 and a half year ago but since nothing. I am willing to do it on my own

Trinbago Rights said...

No problem; send me a private e-mail.

Trinbago Rights said...

I am not a marriage counselor. If you want a divorce, I can help you with that.

Asha Ramnath said...

Hi, I have been married 15 years now but separated 11 years now.It was a mutual agreement between my husband and I. I am currently living with someone and I have an eight year old son with him. I haven't seen or heard from my husband in 10 years, but now i want to re-marry..Can you give me some advice on how to begin.Thank you!

Anonymos said...

Hi, i have been married for 9 and a half years to my husband who was a completely different person after we got married, we were very young and our kids came very quickly, he wud go out with friends and drink all the time, his friends are his number one priority, i am very lonely, i eventually betrayed our marriage because of the loneliness, he just wont stop drinking, he don't want betterment for us as a family he just drink and lime, I'm like a furniture in the house. When confronted about his drinking and threat of filing for divorce he agreed and told me to find out about it. our kids are 9 boy, 7 boy and 3 boy. we don't have a home of our own, just a car and most of the furniture is mine. we don't have a joint savings, just my savings and my kids. Would this be an easy divorce? what are the terms on this divorce and how much would it cost?

Trinbago Rights said...

It's not going to be simple because I assume he would want contact or joint custody. E-mail me and we would discuss costs.

Trinbago Rights said...

Do you have any idea where he is? E-mail me.

Asha Ramnath said...

Hi' I'm not really good at this computer thing cause am not seeing your email, but to answer your question, no I have no idea where he is..

Trinbago Rights said...

It's in "About me"; I can't discuss anything else in the public domain.

Anonymous said...

Hi, I have been married for approximately 6 years, I have been separated from my wife 4 years. And I would like to get a divorce we have 1 daughter together and she keeps hiding her from me. I have not seen her for approximately 1 year.

Trinbago Rights said...

We can file for a divorce, but you will also need to bring action for contact.

Send me a private e-mail.

Anonymous said...

Help, married a man from TT Nov 2012 I am from the US - have been supporting him but now find he is an EX-Felone and also sleeping with anything that moves while I am here in the US paying a lot of money for his green card which is now pending. I have decided this is just a scam and I would like out of this marriage - never lived with him a day yet. He has not worked since the day I met him he claims he is ON Strike.. LOL longest strike ever.

Trinbago Rights said...

Send me a private e-mail and we'll discuss your options.

Anonymous said...

Hi can i have your email.. there's something i need to talk to you about.

Anonymous said...

Hi can you send me your email...there's something i need to talk to you about.

Trinbago Rights said...

My e-mail is in the "About me" section.

Anonymous said...

Hi I have been married 8 years now ,i have 3 kids within the marriage .,Im from Guyana an my husband is a Trinidadian ,Im currently applying for permanent residence here an my husband refuses to go to immigration appointments which is delaying the process of the application for the residence,in the instance where I have to go an get a stamp for extension of stay he is even going ,he is very abusive,he have been unfaithful several times. I have been to family court for some information but the told me in order for me to receive help there my papers have to be regularize I need some help Im not working I have to depend on him ,he refuse to do any for me.my family support me an my kids an I want to get a divorce can you please guide on what I should do. thank you

Trinbago Rights said...

You need to send me a private e-mail.

melissa said...

can you send me a divorce package

Anonymous said...

Hi my boyfriend got married 5 years ago. He was separated from his wife within the first six months of marriage. They have no kids and nothing is on his name. We would like to get married as I am pregnant and finances are too low for a lawyer. Can you guide us on the procedure please. Thanks.

Trinbago Rights said...

MY only advice is, DON'T GET MARRIED. Getting married because you're pregnant is the dumbest mistake anybody could make. It's either marry for love or nothing. I know now you'll try to say that you are in love, but that wasn't the first thing to come out your mouth, so I'm sure it not true, whilst you may believe it to be.

Trinbago Rights said...

You need to send me a private e-mail.

Anonymous said...

I have been married for one year. My husband and I have a five month old son. I have many regrets of marrying him and he is very verbally abusive towards me when he does something wrong and I confront him on the issue. He had cheated on me before when got married but I was naïve and thought that he would change however he have not. He have inapporiate converstion with girls and send pornographic materials of himself to them and vice versa. Since I saw them he lock his phone. I have tried to work things out but I'm unhappy. I want to file for a divorce before it gets worse. How can I file.

Anonymous said...

I have been married for one year. My husband and I have a five month old son. I have many regrets of marrying him and he is very verbally abusive towards me when he does something wrong and I confront him on the issue. He had cheated on me before when got married but I was naïve and thought that he would change however he have not. He have inapporiate converstion with girls and send pornographic materials of himself to them and vice versa. Since I saw them he lock his phone. I have tried to work things out but I'm unhappy. I want to file for a divorce before it gets worse. How can I file.

Trinbago Rights said...

Send me a private e-mail.

melissa said...

went on your site, not finding the email info

Trinbago Rights said...

"About me".

sad and confused said...

I have been married for three years and my husband and i have never lived together one day. I am still at my parents and he is at his. After our second year of marriage communications broke down between us and we have not been sexually involved. We have two children together, the oldest has Autism. In December someone posted some pictures of him gyrating on other women which i found to be very disrespectful. The only time there is contact between us is on a Friday to remind him to send money for the children. He deposits $400 sometime $500 into my bank account. I messaged him on Facebook today asking why he doesn't call or speak to me cause i always see him online. Hi response was that his grandmother told him if he has nothing good to say, say nothing at all and that he was getting fed up. Am i reading too much into this or should i just grant him his freedom? Do i have grounds for divorce?

Anonymous said...

Hi I have been married for three years, however my husband and I have been together for 11 years. Out of the eleven years we have three children ages 7,4 and a 1 month old. Within the last year my husband has become a totally different person where as he totally neglected me through out my last pregnancy, only to find out he has someone else. He is still seeing the same person. On that grounds I would like a divorce because it like he has no intentions of ending it with her. There is also a house included. What's the best advice.

Trinbago Rights said...

We can definitely deal with this for you. We will apply based on adultery...

Send me a private e-mail.

Anonymous said...

hi how can i obtain a divorce without one consent when both parties have been separated over 2 years and a half and the other party had once agreed to sign papers when i get it and now other party said if i bring divorce they're not signing.

Trinbago Rights said...

There is no requirement for the other person to agree if you use the correct ground for a divorce. Send me a private e-mail.

Simone Greene said...

I have been married with 3 kids for the past 9 yrs. My husband is now unemployed going on 1 yr. Since then our marital bliss broke down. We have always had issues that I thought we were always able to work out however the past year has been the worst, we don't sleep in the same bed nor does he do anything as a family no more....its like he is ashamed to be in my life. he says if I divorce him he will take the children, and I have very little savings to hire a lawyer so I wish to file for divorce, because the mental abuse has already begun so I think it's only a
Matter of time before the physical abuse will start. Can I do this on my own?

Trinbago Rights said...

Because he's going to challenge you, your best option is to have representation. However, don't think that Lawyers are expensive and not affordable. Send me a private e-mail

Anonymous said...

I have been separated from my husband for approximately 1year and 6months.....I was in an abusive relationship verbally, and physically, my husband was unfaithful numerous time but for the sake of my family I endured it all, and prayed that it would get better, it never did, so to make it worst I begged him to leave the marital home he never did he continued to have multiple women and displayed his behavior amongst our two kids, I grew weary I seeked counseling, I spoke to his parents I tried to get him to change and go to church nothing worked, I grew more and more frustrated until I did something really wrong I went out and had sex with someone and ended up pregnant....unknowing who the father was as my husband was sleeping with me and all the other women in his life...I told him the truth and he said we will work towards fixing the marriage and no matter who's baby we will work things out, then he left to work in Tobago and things got worst, he stopped sending money...he had several women there as well and made me believe we would fix our marriage, then a month before the baby was born he came back from Tobago as the job was completed. On Sept 27, 2012 my daughter was born and he was not the father two days after the delivery when I came home was the day he left the marital home, since then it was a total struggle to get him to pay maintenance for his two kids....I struggled to get by but by Gods help and my loving family we didn't suffer.... he was always with other women and with me he was in and out my life he would say he doesn't love them but me, he had me in an emotional limbo he was with many others and still wanting to be with me....he wanted to come back home and I disagreed, when I hear of the horror stories taking place right here in Trinidad of what some step dads do to step children and I think of my daughter and him being addictive to sex and his mental instability (which he admitted) it was a combination for disaster... I could never live with myself if anything were to happen to my daughter knowing I could have prevented it.....about a year ago I filed for a restraining order against him as he tried to strangle me and he spit on me and came through the ceiling to have sex with me, many night I slept in my car, my life with him was a horror story.....when went to court we denied everything.....I was hurt and still am by all this...two weeks ago called me to say he is pursuing the divorce, I told him I am not strong enough to do that just yet I would rather and out of court settlement he said he has already started the process....so I am seeking your advise please... :(

Trinbago Rights said...

You need to send me a private e-mail.

Anonymous said...

Hey

My husband and i have been separated for 12 years we have 2 children over the age of 18. i am currently in a relationship that is 9 yrs old we want to get married i need your advice please.

Trinbago Rights said...

If you want to get a divorce, just send me a private e-mail.

Trinbago Rights said...

Send me a private e-mail, so we could make arrangements for you to come in to see us in POS.

Trinbago Rights said...

Of course you grounds for divorce based on unreasonable behaviour. Why live under those conditions? That's madness.

If you'd like to come in to see us to deal with it, send me a private e-mail.

Anonymous said...

what would happen in the case of a marriage of 4 years where the wife left her job and became financially dependent solely on her husband for all her needs and wants? She is not on any of his bank accounts, deed, policies.What is her position then if she should try to get a divorce as a result of infidelity?

Trinbago Rights said...

We will fight for alimony, which she will most likely receive.

Anonymous said...

hi i'm seeking divorce from my husband. we have been married 2 1/2 year but he left me over a year. i have since moved on with someone else an we have a child and we want to get married so i will like get my divorce,how long would this take?

Trinbago Rights said...

Divorces take 6-8 months. As soon as you come in, we get the proceedings started immediately.


However, seeing that you just had an unsuccessful marriage, why rush into another one because you have a child? I'm no marriage counselor, but wisdom doesn't require qualifications in a certain field.

Anonymous said...

Hi I have been married two goin on three years ....I want to have kids but my husband does not want children and he gets very abusive if I try to talk to him about it.....he tells me if I want children I would have to leave him....would I be able to get a divorce based on this .....

Trinbago Rights said...

Absolutely. Unreasonable behaviour.

Anonymous said...

hi do you have to be married for a specific amount of time before you file for a divorce?

Trinbago Rights said...

12 months.

Anonymous said...

hey, ive been married for 7months. a marriage thats hard, my husband shows no love for me at all anymore, he quarell allot and i have a feeling thats he's cheating on me, he did he once already, and ive lost all trust on him, i love him deeply but the pain of hurt sickens me allot. sometimes i think of divorce, i dont know what to do or who to talk to. crying every day is all i can do.

Trinbago Rights said...

Send me a private e-mail.

Anonymous said...

Is it possible that a petitioner does not sign but the respondent does and what would be the outcome. That was what the guy told me so I want to know where I stand.tank you

Trinbago Rights said...

Sign what? What 'guy'?

Kevin Maharaj said...

Hello I am a business man with assets that have been married for 3 years with all down rather than up. My wife left with my child. I ask her to go counselling. But she refuse I need to move on. Will she have any rights to my business or assets (no she is not a member of my directors or any business related assets) how do I proceed?

Anonymous said...

Hello I am a business man with assets that have been married for 3 years with all down rather than up. My wife left with my child. I ask her to go counselling. But she refuse I need to move on. Will she have any rights to my business or assets (no she is not a member of my directors or any business related assets) how do I proceed?

Trinbago Rights said...

If she doesn't want counselling and there's no chance of reconciliation, our only option will be divorce with an application for joint custody/contact.

Send me a private email if you'd like to come in.

Trinbago Rights said...

She will have rights, but that's something we should discuss in person.

Anonymous said...

how do i contact you

Trinbago Rights said...

Bottom of "About Me" section.

Anonymous said...

Married 15years, has 2 kids and 2 houses. Will I have lose one of my properties if i divorce her for adultery. Also, not seeing your email.

Anonymous said...

Good day, i would line to get your advice, My husband and i have been separated since Fed and i recently found out someone is pregnant for him, something to which he didn't deny, Do i put adultery on the application because i do not have prof, just his word, Please advise me on what i should do!!!!
Thanks in advance!!!

Trinbago Rights said...

Yes adultery is your ground for divorce, but you would need at least one other thing besides his word. An e-mail/text/another person confirming it.

Trinbago Rights said...

Only the court makes those decisions based on the facts presented. I cannot answer that question.

Anonymous said...

Good day, I would like to file for divorce from my wife of 7yrs. We have twin preteen sons. We have both been unfaithful during different times throughout the marriage. We tried to save the marriage but we don't trust each other and the marriage has broken down beyond repair. We've been down this road before and the lawyer I retained at that time, dragged her feet for 4 months without anything to show. Why? Probably due to her religious beliefs. Well at least what she told me up front. That she does not like doing marital cases. Anyways, I need to retain the services of a lawyer who will not give me a run around. I want this matter to start as soon as possible. I've tried looking for your email address but I'm unable to locate it. Would you be available? Urgently!

Trinbago Rights said...

You need to send me a private e-mail. My e-mail is under the "About me" section.

Anonymous said...

Hey I've been married for 4 1/2 years, separated for 3 1/2 based on issues with my husband kids from another marriage. I have moved on and from my understanding he has too. He told me he wants nothing to do with me however is not willing to give me a divorce. Can you advise on my options. No kids involved from our marriage

Trinbago Rights said...

Common misconception; agreement isn't required for a divorce. You can get the divorce even if he doesn't want to.

Send me a private e-mail.

Anonymous said...

Good day,
My husband and I have been legally married for 8 years, we lived common law for 12 years prior to marriage. Through out the 20 years we have been together there have been more bad times than good. My husband loves to drink and lime till all hours of the morning and when I try to talk to him he gets angry and insults me. He has cheated on me but I have no physical proof. I left my job when we got married to help him in his business until he closed it down. I am now temporarily employed on contract with the government. We have seperate accounts even though I have asked him to get a joint account. All the property and vehicles are in his name, we have no children because I am always under stress due to his constant liming. I have no trust in him. I have asked him to go to marriage counseling many times but he always says I am the one with the problem so go by myself. I have reached my limit and I can't keep hoping things will get better. I love my husband very much but I can't trust him. I have always supported my husband in all his endeavors even though he has been verbally and mentally abusive to me. On what grounds can I file for divorce and get alimony from him?

Trinbago Rights said...

The grounds will be unreasonable behaviour, but alimony is something that needs to be looked at more closely after we look at job security, salary and assets of both parties.

Send me a private e-mail.

Anonymous said...

I have no assets, my salary is 4600 per month. He is a poultry farmer and earns between 30,000. - 50,000 every 6 to 8 wks. My job is temporary, I work for a couple months then I am home for a few months. I may not have physically laboured to help him build his business but I was always there for moral and motivational support.

Trinbago Rights said...

That's going to be for the court to decide during the divorce by examining all the facts as the case goes forward... especially as you didn't physically assist.

Anonymous said...

Hi i have been married for 3 years 29 of this month will be 4..my husband have been cheating on me with my sister over 2years that i know of .i never cheated i have been a faithful wife and motheri have 2 kids for him age 5 and 9 months plus he is not from Trinidad....can u send me your email plz...i want to know my options are thanks

Trinbago Rights said...

E-mail under "About Me".

Anonymous said...

I have been married for 28 years in an abusive relationship. Physical verbal emotional. The marriage is beyond repair. I have 3 children over eighteen and one minor. They have been subjected to verbal and emotional trauma
There have been numerous cases of adultery as well. I need to salvage my sanity and have some sort of peaceful living. I need to be happy for some portion of my life before I die
There is wuarelling every single day. He is very uncooperative and difficult to live with. As he gets older it gets worst. Please help

Anonymous said...

Hi I've been married for 4yrs have one child and im not happy my husband indicated to me long ago if I wanted any more kids id have to find someone else recently he indocatrd he wish hewas single he believes I hav someone as we hardly have intercourse. This for me is mainly because he wont take direction in that area I have had enough please advise on how a divorce can be attained

Trinbago Rights said...

Please send me a private e-mail.

Trinbago Rights said...

Please send me a private e-mail.

Anonymous said...

Good day I have been married for 3yrs together for 13yrs now we have two kids 11 and 4yrs old my husband is a workaholic leaving me lonely for years causing me to leave him for one year we decided to let things work but it get worst cause he wont let go of the past so for most of the 13yrs I stayed home with our kids while he earn all the money he does contract work for big companies but I must live with the 300 dollars a week he got me a squatter land with no lights and inspect me to leave our large martial home which I was there from the start when he had nothing got vex when I told him no I am seeking a divorce and full custody of our kids because his work always came first and he work late hours

Anonymous said...

Hi I've been married for 8 yrs and I want a divorce. My husband is very unloving, controlling and he has cheated on me three times. Right now we are seperated 6 months now if he calls me and I don't answer he leaves threathing voicemails I take care of our daughter myself he does nothing for her when he feels he comes n drop money. I want a divorce but I cannot afford it I don't know what to do can u help me.

Trinbago Rights said...

I can't believe you wrote all of that without punctuation...

You need to send me a private e-mail.

Trinbago Rights said...

You can try doing it on your own. Send me a private e-mail.

Unknown said...

Hi,
I have been married for a year now. My husband is abusive both physically and mentally but I never made a report. i spoke to officers but never gave a formal report. He doesn't trust me at all. If any male person speaks to me he believes that i am with them. I Have never been unfaithful. He says he is going to file for divorce on grounds that i am unfaithful cause one of my co workers called me "hunni bunches". Would he be able to file for divorce and should I start looking for a lawyer?

Trinbago Rights said...

He can file, but he would need a little more proof than that.

You don't need a Lawyer just yet...

Send me a private e-mail.

Anonymous said...

I've been seperated from my husbsnd 7yrs with a 8yr child. I need a divorce

Trinbago Rights said...

Ok... and?

Anonymous said...

I'm married.. For 14 years and lived together three years before that..we have two kids.. I'm gay and would like to be divorce,, separated for five years now..how do I go about getting my divorce.. I spoke to my wife about it and she agreed..

Trinbago Rights said...

The divorce grounds would be 5 years separation. Send me a private e-mail.

Anonymous said...

Hi
I have been married since 2011. From the get go both us have issues communicating. He left the home for a year in 2012 but we reconciled hoping it will work. We have never trusted each other since then and both of us have been unfaithful.
Yes, I want to proceed with a divorce as our issues cannot seen to be resolved, but he still lives within the household today.
Can some guidance be offered

Trinbago Rights said...

You have two possible grounds for a divorce:
1. Adultery
2. Unreasonable behaviour

Either must have occurred within the last 6 months. Can you meet any of those requirements? If yes, you can send me an e-mail, so we can discuss the way forward.

Anonymous said...

I've been married for 11 yrs and have 2 kids 10 & 6 yrs old. There father moved out and has been cheating on me for a year now. I would like to get more information on how to proceed with getting a divorce and for him to pay maintenance and alimony.

Anonymous said...

Good morning could I get the documents to file online if not can you email it to me please ....thanks in advance

Anonymous said...

Hi can i get your email add to find out something. thanks

Trinbago Rights said...

Under "About me".

Trinbago Rights said...

You need to go to Family Court.

Anonymous said...

I was married in Trinidad in 1992 however my husband applied for and got a divorce in america in 2004.do I have to file for a divorce
in Trinidad?

Trinbago Rights said...

No

Anonymous said...

I have been married for five years. However my husband has always been physically abusive and controlling, withholding things like money, my personal things, food, etc from me when he deemed it necessary.

In August things escalated and resulted with me getting a five inch laceration in the palm of my left hand. He called the police and when they came, because of his attitude they decided to take him into custody and as a result spent the weekend in jail. He was eventually released on the Monday morning without being charged.

I was able to get a protection order which was in effect for 28 days and then for 21 days. He requested that the matter be postponed until he could source legal representation, which the magistrate obliged. When we did start the matter, he stated through his lawyer that he would be making an application for divorce through the high court, but had no objection to going to mediation. We were sent to mediation, which he never turned up for.

When we did reappear in court on the last date, he stated then that he was not interested in mediation, and that week he would be filing the divorce petition in the high court. That was two weeks ago.

My protection order was also withdrawn on him citing that he has not contacted me or been around me for the last month so he didn't know what my problem was.

He also got an order to remove 'his' things from the house where we lived together. Incidentally, I think it could be settled during the divorce hearing considering WE got all that stuff together during our marriage.

I had also made an application for custody and maintenance of our daughter as well as alimony for me as I do not work based on the fact that at least every six weeks I have another injury by his hands.

The magistrate asked me why my daughter did not live with me and when I told him why, he told my husband that if he could find suitable accommodations for our daughter by the end of the month, then he could have her. I kinda forgot to mention to the magistrate at that point that our daughter was not born within the jurisdiction.

Our next court date is simply for the magistrate to make a ruling on if he will allow for my husband to maintain a child who does not live within the jurisdiction.

I was assigned a lawyer through legal aid who was present when the matter started, but said nothing. She id not show up at the last court date and informed me that she would not be attending the next one. I have since had a lawyer switch as per legal aid, however getting in contact with her is proving to be difficult.

I have also called family court to find out if the divorce petition has been filed as well as when is the date of the hearing, but I can't apparently.

So I am inquiring as to what are my legal options if any at this point?

Trinbago Rights said...

Ok, your only option is to get a Lawyer...

Legal aid is an absolute waste of time.

Anonymous said...

Hi my husband and I have separated almost two yes now. I want to petition for a divorc. However while we were togther, we had started to build a one bedroom apt on my parent's property. We spent about $2500.00 to $3000.00 on on building. Would I have to compensate him anything?

Trinbago Rights said...

If you were living in the property while building, no.

Otherwise, you should.

Anonymous said...

if your wife if cheating with another woman is that infidelity ?

Trinbago Rights said...

Cheating is cheating, sex of the other party is irrelevant.

Anonymous said...

so i can apply for a divorce base on her infidelity and apply for full custody of my child, i also bought a car and i put her name on it, how would the court deal with that?

Anonymous said...

My wife has indicated she is sleeping with another woman and it is not cheating in her mind, it has been torture for me and she has physically assaulted on two occasions to which I did not report it. We have a 6 year old daughter an I recently purchased a car and I put her name on it, how would the court treat with granted custody as well as the vehicle as I would like to keep my car.


Trinbago Rights said...

Court deals with each matter on a case-by-case. It will be injudicious of me to attempt to tell you what they Judge will decide without knowing every intricate detail of your relationship, which will be exposed in court during the divorce proceedings.

Anonymous said...

Hi,

I am writing on behalf of a parent of mine as they are old. My father recently separated from my mom of 30 years of marriage. He admits to having an affair and is now currently residing with the other person. There were also several years of domestic abuse whilst he lived with my mother and other adultery cases. One in particular resulting in a child. Currently he is threatening her with divorce but asking her to file. My question, is there any difference in who does the filing for a divorce? Also how should my mother proceed with the case in the event she chooses not to file for a divorce? Thank you.

Anonymous said...

So in the courts eyes, is she committing adultery?

Trinbago Rights said...

A dictionary would've answered this question:

dictionary.com:
"voluntary sexual intercourse between a married person and someone other than his or her lawful spouse."

Trinbago Rights said...

No relevance in who files.

Anonymous said...

i have messages with her saying she is by the woman and all the details of what they are doing, would that stand up in a court of law, also do you think i have a good case to get custody of my daughter?

Anonymous said...

it just got worst as she has not physically assaulted me and attempted to stab me with a nail file, i pushed her and she ran into the washer and said she was going to the police, i in turn went to the police and filed a report and they indicated to file for a restraining order, the mistake i made was not going for the medical report as she did and her report had soft tissue damage, she has now threatened and told me i have to pay for her car, pay rent for my apartment and move out otherwise she will cause self inflicting wound and said i did it to get me locked up. how do i protect myself?

Anonymous said...

Hi. I have been married for aproximately two years. My husband and I split two months after the marriage date (26th May 2013). We have both moved on. He has hit me in the begining of our marriage but I haven't had any photos or police report or any of that sort. I do however have messages where he has said that he has moved on. I am not in intact wth him currently and I'm unaware of his where abouts. I would like to get a divorce as soon as possible because the marriage is becoming a nuisance in terms of problems traveling out of country etc. My question is, what is the fastest way and what are my steps in filing for and having a sucessful divorce?

Trinbago Rights said...

Your grounds for divorce must have been within the last 6-months... you can choose adultery if you can prove if he's with someone else. E-mail me.

Anonymous said...

Hi, i have been married for 4 years but my husband and i only lived together for about 3 months, because he have some personally issues i cant deal with and i don't love him anymore there is no kids involves, we didn't have any relationship like a couple, i need to move on with my life, so i would love to get a divorce. can you help me?

Trinbago Rights said...

Send me a private e-mail. Look under "About me".

Anonymous said...

Hi Good day I have been married for two years but wants a divorce because of unfaithfulness. I heard that if you go through Family Court you may not have to pay a large sum of cash. We have been separated for 4 months now. Can you please advise me as to where to start. Thanks

Trinbago Rights said...

All divorces go through the FC, so I'm not sure what you mean by the money statement. You can visit them and they will guide you.

Anonymous said...

Good evening, I would like to file for a divorce myself but I really do need guidance. I'm not sure how to contact you. Let me know thanks..

Anonymous said...

hello, i cant seem to locate your email..under about me

Anonymous said...

hi when u doing it for urself and the fact is 2 years seperation with consent can i access this form online. thank you much

Trinbago Rights said...

Go to the FC if you'd like to do it alone.

Trinbago Rights said...

No. Visit the Family Court.

Anonymous said...

Hi I needed some advice... I am doing my divorce on my own because I can't afford a lawyer and I don't qualify for legal aid. I have typed up my documents but before I file is there any way that I can get someone to assist me in making sure I have done everything right and typed everything correctly???

Trinbago Rights said...

Not for free... but the FC should help you anyway.

Anonymous said...

Hello, I am 31 years and been married for 8 years now I have 1 son who is 4 years, i have been putting up with as many years of verbal and emotional abuse from my husband and my child is suffering the same. I found out yesterday he is having a relationship with a woman and I have had enough is not the first time. I am ready to get a divorce and safeguard my son from growing up in this lifestyle of abuse. I need some advice I need to get out of this now

Trinbago Rights said...

Visit the Family Court or send me an e-mail if it's complicated and you have property to settle.

Anonymous said...

Hi....does the laws of Trinidad and Tobago allow for a divorce if I am pregant? Or will I have to wait until the baby is born?

I recently found out that I am pregnant for my husband but we have mutually agreed to a divorce even prior to me finding out I was pregnant.

Trinbago Rights said...

What does a pregnancy have to do with the divorce?

This is a strange question.

Anonymous said...

Thanks so I guess you answered my question..even if i am pregnant the divorce can still as I have read that in some countries the laws of the land would not permit the divorce to go through until the birth of the child

Trinbago Rights said...

What countries?

All I know is that this is a common misconception in Islam.

Anonymous said...

Hi..........I have been married for 4 years under Muslim rights, however I am not a Muslim. My husband is a Guyanese national and in order to speed up the marriage process we decided to get married under Muslim rights. He is currently in the process of applying for residency. My husband has cheated on me numerous times and has also made children with outside women. Recently he has become physically abusive and very controlling. Due to his actions towards me I had decided to cheat on my husband and he found out and got very abusive. We have a 5 year old son together. I would like to file for a divorce however would not be able to afford a lawyer. Please advise.

Trinbago Rights said...

I'm not sure what the current status of legal aid is, but that's your first step. If you think you're capable, you can also try doing it yourself... visit the Family Court.

Anonymous said...

I have been married for 1yr and 5mths. I' ve been living by my mom since January of this year. It's been 4months now and I have to be constantly asking him to provide a home for me and every time I ask him to he has no response to questions and he tells me I am talking crap. The reason for wanting the divorce is that I have been verbally abused by his mother. Is that enough for me to file for a divorce or I need more grounds of getting a divorce. When I ask for money he refuses to give me or if not Will make a excuse and tell me he have things to do with his money and when he wants I must give him my money. Is that enough for me to get a divorce?

Anonymous said...

I have been married for 3 years but have only lived with my spouse for 6 months of the marriage. We live in different countries. Can I get my marriage annulled?

Trinbago Rights said...

No. Only divorce.

Anonymous said...

I have been married for 9 years, 10 months ago my husband told me he was with someone else and he asked me to respect him and his time with that person (he used to spend nights with her), in that time I was 6 months pregnant, I did not leave him because of my condition also I have a 6 years old kid, after the baby born he decided to left the person he was with, since he has been liming every single weekend, we also trying to safe this marriage just because of the children, nut I cannot believe in him any more as before, I thinking to leave the house and take my 2 children with me, but right now I am not working because we decided I have to stay with the baby until next year, I am thinking to file a divorce (but I don´t have d money to do it) I would like some advise about if I leave d house he still has to ,anteing the children, how does it work? Thank you in advance

Trinbago Rights said...

Visit the Legal Aid office.

Anonymous said...

My boyfriend and I want to get married but he has to get divorced first.. Him and his wife have been living apart for 5yrs and have a 12yr old daughter.. What would be the procedure for them to become divorced

Anonymous said...

Where is it?

Anonymous said...

Hello there, my mother and father have been married for 18 years and now and has 2 children, myself (17yrs) and my brother (13yrs), their marriage has recently begun falling apart and they have alot of quarrels and my father has become verbally abusive and on some occasions physically abusive. He is hardly home from work and when he is home, he does not make any interactions with my brother and I. My mother wishes to obtain a divorce but is too ashamed of it, is this reasonable enough grounds for a divorce ?

Trinbago Rights said...

Of course those are grounds.

Ashamed of a divorce, when the safety of herself and her children are involved?

Anonymous said...

How does someone apply for a divorce then ?

Anonymous said...

Hello,
I have been married for 1 year lived together with my husband for 21/2 years before marriage been with him for 5 years. He was abusive and I suspect infidelity based on text messages I have read. I moved out from our home a few days after our 1st year of marriage and have not been back since. That was almost 4 months ago. We are currently going to marriage counselling but it is not look as though it will be working out for us. I am temporarily employed on a short term contract basis and he is in a government service. I would like to know what I would be entitled to if I were to proceed with a divorce as we cannot communicate without anger or sarcasm. I am desperately unhappy and just want to know my rights. He has 3 cars and some land. And what status can I file for as justification for a divorce.

Anonymous said...

Hi I've been married for 8yrs we have two kids ages 16 and 13, my husband has been unfaithful on numerous occasions he even left and have a child out of the marriage, we've been separated for 3 1/2yrs now I want a divorce can I do it for my self

Trinbago Rights said...

Visit Family Court.

Anonymous said...

Hey i've been married for 8 years, two of which i been separated. My ex-wife had an affair the 3rd month after our marriage and after i found out about it 7months after i wanted to get a divorce. but people persuaded me not to and try to make it work. after 6 years of trying and counseling i got tired and left. We have two kids 5 & 2 whom i love to death but as far there mother i totally detest her. I want a divorce and i have been reading up on some articles but I don't know where to start and i would really like this to be over with as soon as possible. Even thou i've been separated for 2 years i feel like am trap in this cage and i just wanna be free. :(

Patricia Nunes said...

hi good day i am married 3 years now but wanna get a divorce very much unhappy with the way things are he is very abusive when things dont go his way. how do i go about coming out of this.

Sarah Laborde said...

I am married for two years but three months things are not going to very well my husband verbarlly abuse me and lastnight we had and aguement and he physically assaulted me by pulling my hair and choking me, I didn't make a report...I would like filed an divorce, what should I do.

Claudia Rampersad said...

I know what you all are going thought I in that same boat with you all just have faith in the Lord Jesus Christ everything Is going to be alright,

Alyssa Solomon said...

Hi my bf is trying to get divorce the woman an him broke up about 3years now she is not trinidadian and he wants a divorce but he does not know where she is how can he go about geting the divorce

Annastisia said...

Hello.Can you post a sample of the divorce petition form 1 filled out so someone who is filing without assistance of a lawyer can have an idea as to if they are doing it correctly

Annastisia said...

Hello.Can you post a divorce petition that's filled out so I can have an idea if I'm filling out divorce petition form1 correctly. Thank you

Trinbago Rights said...

Visit the court.

Lavaughn Selvon said...

Hi. I read all your responses to this and related posts. I left my marital home on Feb. 22nd 2016 after six years of verbal emotional abuse ended with a threat that I better leave before he has to cut me up. I feel confident that I have tried over those years despite the abuse, to keep trying at the marriage. His abuse had escalated when he resumed drinking heavily and adding more drinking friends in his life. I have financial issues now that I've secured my son (from previous abusive marriage, just my luck), and I out of his house. I know this marriage shall soon end in divorce. I just want to thank you for your answers to the various questions here. I believe that I have all the answers I need. Thanks again.

Anonymous said...

Hi. I was in an abusive relationship for 17years and I've had 3 children of ages 15, 8, and 6 years. This was not the first incident. While together hen never had a job and i was the sole provider of the family. I used my savings and built a 4 bedroom house with three bathrooms which he has now thrown my children and I out of so that another woman may live in our house. I am now renting for $3000 and my 15year old daughter goes four lessons and he is threatening to take all my money and to take my children from me so that I have to mind him. This is worrying me because the children are terrified to be with him.When we go to court would he get the house and would i have to pay to mind him. i forgot to mention that i paid him for building the house. What are my procedures for this type of divorce

Chantele Hills said...

Hi there, my fiancé and I have some questions about how to proceed with his divorce there, he is currently in Trinidad with grounds for divorce. I tried to find your email address in the About Me page but cannot find it. Please help?

Anonymous said...

hi good day i am with someone who is married however he claims that he got a divorce and waiting on his absolute but some things arent adding up to me is there anyway i can find out if he filed for a divorced or not

Anonymous said...

Hi! My husband is planning to file for divorce and custody of our 2 children. He does not know that I am privy to this information as yet, however, I'm trying to prepare myself as much as possible when/if that day comes. I cannot afford a lawyer, as I wish to save in the event I have to rent a home etc. on my own (with my kids). I plan to proceed to court without a lawyer whenever I'm served with the "papers" etc. My husband as sent me horrible messages attacking my character, cursing me, and saying it will eventually become unsafe living with him. I would like to know, what is the procedure to submit these whatsapp messages to the court so as to build my case. Thank You

Trinbago Rights said...

See if the Family Court would help.

Anonymous said...

Hi, I noticed you are a radical lawyer and rather not answer 'foolish' questions. I noticed you replied to the comment above this, however, you didnt reply to this. Is my question irrelavant? Or 'foolish'? Or did you answer similar questions in a previous blog? Your email address is not in your "about me" section.

Another question...
I wish to apply for custody of my 2 kids. I know there are different types. I wish to be the main parent my kids live with. I know thei father would fight for them if I do file. What is the 'best' form of custody to apply for. I plan to leave my marital home tomorrow without telling my husband as he will not allow me or the kids to leave.
Thanks

Trinbago Rights said...

If he files, visit the Family Court and they will guide you. However, with custody involved, you will have to retain an attorney.

unfairly treated said...

i have been married for 12 years we have three children together, my wife has committed adultery several times. during the time we were married we never achieve anything together we were renting an apartment she left and took everything in said apartment. I've now filed for a divorce but she claims she wants $80,000 lum sum settlement aside from the $3500.00 i've been paying in maintenance since she left. how do i go about addressing this issue?

Trinbago Rights said...

You need a lawyer... e-mail me.

Anonymous said...

I have been married for 14 years but together for 16 i would like to know how and where to be able to file for divorce i don't have money i had surgery on my knees so i don't really work but around the house both my husband and i had someone else within a 4 year break up then we reconcile in 2012 but things have not been the same he hasn't forgiven me for my affair but i have forgiven him a long time ago .we don't communicate much we live in the same house no kids i have from a previous relationship but they are adults now our relationship is not getting better i will say it's getting worst being sleeping in separate beds for almost 2 years leaves in the morning for work comes in late eats and go to bed been like this a long time i am really fed up because i can't have no proper conversation with him unless in ends in argument so i don't speak much again we are not getting anywhere or moving forward in this marriage so i really think i'm holding him back for as much has been said i don't plan to re marry but i prefer to set him free so he can move on with his life if he choose don't even know if he has someone else because he can be very sneaky because he works taxi i'm really stressed out in this marriage is it possible grounds to get a divorce granted.

Anonymous said...

My wife is so angry that she falsely stated on her petition that I abused her and have been having multiple affairs which isnt true. I have been away and went back to the house to get some of my stuff. The property is in my name and the agreement is to share half of sale of assets which I have no problem with. However, she is so angry and emotionally unstable that she filed a restraining order against me. How can I prove that I did not even once put a finger on her for the 18 year marriage?

Trinbago Rights said...

How to prove it is for you to figure out. I wouldn't know what evidence you're in possession of. But there will be a hearing for the protection order... state your case then.

Anonymous said...

My husband and I have been married for 9 years, I left him 7 years ago. we both agree to get a divorce. My question, do both parties need to be present under any cicumstances? Since I live in Spain I can not ever return to Tobago.

Trinbago Rights said...

1 is enough.