Tuesday, 8 April 2014

Implied agreement to divorce

Q: I want a divorce, but my husband says that he will not sign any divorce papers; what can I do?



A: Many people believe that a divorce requires the express agreement of both parties, but this is not true. The person filing for the divorce (the petitioner) does NOT need the express agreement of the person who has the opportunity to respond (the respondent) to the divorce petition/application. 

When the petitioner makes the application, the respondent must be served, and if the person's home address is unknown, or s/he lives outside of Trinidad & Tobago, an additional application for substituted service is required. Substituted service can involve service to a person's work address, a close family member, a newspaper advertisement, e-mail, or even Facebook (as was the case in Canada). A tracking number is all the proof required to prove that constructive notice was given via substituted service. 

When the respondent is served with the document outlining the grounds for divorce (the particulars), s/he then has the opportunity to deny the allegations (contest the divorce), agree with the allegations (uncontested divorce) or do nothing (implied uncontested divorce). In the latter, when the petitioner shows up to the hearing, and the respondent, having been probably notified, refused to acknowledge the matter, the hearing will continue, and the Judge will still proceed to grant the divorce nisi decree. 

Many simple divorces (no children or property to separate) are dealt with via ex parte decrees. 

If the marriage isn't working, don't think that you have to stay because the other party is using that to hold you hostage. 


16 comments:

Jizzelle Baldwin said...
This comment has been removed by the author.
Trinbago Rights said...

Look carefully under 'About me'

Anonymous said...

???? please publish an email address. i cant seem to contact you privately.

Trinbago Rights said...

"About Me" section.

Anonymous said...

Hi I checked the ''About Me' section and I did not see an email address there. There is an 'Ask Me a Question' however the link appears to be broken. Can I have your contact info please!

Thank you.

Anonymous said...

I checked the About Me section and there is no visible email address. Kindly provide same as I need to get in touch with you urgently.

Thank you.

Anonymous said...

HI, I have read almost all of your post and i did try contacting you from the About section but the link sends me to Outlook. I got married to a non-national a few months ago. I fell in love with him because he brought me close God, anyway long story short , he lied to me about everything, he left the country shortly after we got married and would return shortly. Would i be able to get an annulment based on the fact that the marriage was never consummated ?( He claimed we should wait) I have messages from his (male) lover of 3 years telling me about their relationship and how I ruined it... please respond

Trinbago Rights said...

Yes, those are grounds for an annulment.

If it is opening in Outlook, the OBVIOUS solution would be to copy the e-mail address and use whatever e-mail platform you have.

Anonymous said...

ok thank you so much for the information , however outlook didnt give the e-mail address

Trinbago Rights said...

Hover over the link and then look to the bottom left of your screen.

Anonymous said...

ok, thanks I got it and sent the message :)

Anonymous said...

I am a student of the Hugh Wooding Law School. I have a family law assignment for a divorce and i have a question concerning adultery.

From my LLB level i know that the petitioner cannot rely on their own adulterous behavior to petition for a divorce. However, i am not finding this stated in our MPPA. Unless i am missing it somehow. Can you point me in the right direction?

I am also aware that the longer you live with the adulterous respondent the less likely you can succeed on that fact for divorce.

Trinbago Rights said...

Your answer is in section 4 of the MPPA.

And you're correct, living with the adulterous respondent shows that you've accepted the conduct.

Darnel Taitt said...

Converted airsoft guns to laser tag guns
Rifle shot gun or sniper class body casings dobyou think these will be considered illegal or that i will need a lisecense to own one or more?

Trinbago Rights said...

Ask the police, mate.

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