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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:

  1. This comment has been removed by the author.

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

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  3. 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.

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  4. 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.

    ReplyDelete
  5. 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

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    1. 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.

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

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

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

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  7. 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.

    ReplyDelete
    Replies
    1. 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.

      Delete
  8. 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?

    ReplyDelete
  9. shane crossbows are legal in trinibad you need to obtain a permit check out gleens archery in charguanas he can get a permit for you providing you buy the crossbow from him

    ReplyDelete

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