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:
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.
Hi,my husband and I have been separated for almost four years now, he was on drugs and becoming mental he is still that way but a lot better since he stopped the drugs,but I had to leave my government job to take care of him,after he came out the ward one he deserted me and left me with nothing.
ReplyDeleteAfter that we did reconcile at times and this has been going on for the past few years.
He does not want to move back home and because of his moms interferance she wont allow him to build a place so we can live together,I strongly suspect that he is cheating and has cheated before, but the complication lies with us being separated yet still having sex he comes over every weekend.
Would I still be able to file for a divorce if we are still sleeping together? Since we are separated but technically still together.
Hi i have been married for two years now and my husband was unfaithful and got another woman pregnant and i want a divorce wat do i need to do to get it
ReplyDeleteIf you purchase property after being separated from spouse for 2 years can the property bought after the 2 years be consider during a divorce settlement.
ReplyDeleteI apply for divorce and maintance true family court he not paying it xnd i want to know could i apply for alimony i went yo court already tgank u my number is 18682775991 am on what app messagecme and tell me please thank u
ReplyDeleteI have been married 3yrs my wife left almost a year now I need guidelines on how to get to this divorce procedure. Thanks
ReplyDelete