Sherry-Ann McGregor,Contributor

In a very pointed letter on January 19, one reader expressed dissatisfaction with the current arrangements for the handling of divorces in the Supreme Court.

He wrote:

I am frustrated at the slow pace at which we get justice in Jamaica. I would have thought that a divorce that is not controversial would be sailing through the courts without a hitch. I have been waiting to have a judge sign my decree nisi - the first part before the decree absolute - from November 2008. Is this possible? I know that the notice to dispense with the hearing of the petition was served early September 2008, an affidavit of search filed without problems; but I cannot see why it would take a judge so long to sign a few papers. Teachers mark at least 40 pupil papers per class. Some teachers have five classes and various subjects.

It is extremely stressful when persons are at the stage where their lives are already disrupted only to have their lives further disrupted by negligence of the court. I suggest you write a piece tugging at the conscience of the Supreme Court and the chief justice, as well as the attorneys. People's circumstances change, and they want to get out of the sad situation of a failed marriage. That is punishment enough without being further punished by the State and its agents of justice. This is cruel, to say the least. It is emotional treason. People want to move on; be it to remarry or just to be free of the attachment of a failed relationship. Even if a man would not want not to commit adultery, the court forces him to. How cruel?

ANSWER

The sentiments expressed are not unique. In fact, all of the attorneys who handle divorces with whom I have spoken have expressed the view that the rules introduced in the Supreme Court in September 2006 for dealing with divorce matters have failed. The failure is recorded on several levels:

It now takes longer to get a divorce.

It is impossible to estimate how long it will take to complete a divorce.

The number of divorce proceedings being commenced is greater than before, but fewer divorce matters are being considered by the court each week.

There is uncertainty regarding the standard and quality of evidence which the court will accept regarding the arrangements for the care and upbringing of children.

Other civil proceedings are given priority over divorce proceedings, since no specific time is allotted for them to be considered.

It is hoped that this cry for the issues affecting people's ability to be granted a divorce will be given urgent attention. There must be a more efficient method of handling these matters and we need to find it.

Sherry-Ann McGregor is a partner and mediator in the law firm Nunes, Scholefield, DeLeon & Co. Send feedback and comments to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.

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