California/Jamaica Divorce

[HeartBrokenJA 0]

I am a California resident married to a Jamaican national.

We were married in Jamaica, we have one child together and never lived together.

Does anyone know the steps I need to take to divorce my Jamaican spouse?

If I file in California I believe I have to submit proof of serving my spouse with the divorce papers.

How is that process handled in Jamaica? Is certified letter efficient proof?

Any information you have on this process would be much appreciated.

[LIFE'SJOURNEY 970]

I am a California resident married to a Jamaican national.

We were married in Jamaica, we have one child together and never lived together.

Does anyone know the steps I need to take to divorce my Jamaican spouse?

If I file in California I believe I have to submit proof of serving my spouse with the divorce papers.

How is that process handled in Jamaica? Is certified letter efficient proof?

Any information you have on this process would be much appreciated.

You are getting a divorce in California, so the criteria as they rtelated to the Cali law is how you would be handling it. Jamaica laws and rules will have no bearing.

Edited October 30, 2012 by LIFE'SJOURNEY

[HeartBrokenJA 0]

You are getting a divorce in California, so the criteria as they rtelated to the Cali law is how you would be handling it. Jamaica laws and rules will have no bearing.

Thank You.

So if California requires that I serve my spouse in Jamaica what is the process for doing so?

Would I have to hire someone to serve them, or could I mail a certified letter?

Does that depend on Cali law?

Appreciate the help.

[LIFE'SJOURNEY 970]

Thank You.

So if California requires that I serve my spouse in Jamaica what is the process for doing so?

Would I have to hire someone to serve them, or could I mail a certified letter?

Does that depend on Cali law?

Appreciate the help.

Based on the law serving could be many ways, Cali may allow you to post a notice in your local paper, and that may be honored as served. A divorce lawyer would be the one to give you the best advise, A intial consultation is usually FREE.

[shawnandshelly 3]

A certified letter or DHL with signed delivery is all you need. Proof that you mailed the papers to him and that he recieved them. After the date of receipt he has ususally 90 days depending on CA law to respond to the complaint. After that time period has passed if he does not respond you can then file a motion to continue your case without him. I am not a lawyer just telling you the process that I experienced as a US citizen who divorced the Ex-husband who lived in another country. On the flip side if he contest your complaint then you will need a lawyer to proceed.

[DandT14 272]

I believe in California you are supposed to make every effort to have the initial papers served in person. I'm not sure how you could make that happen in Jamaica, do they have process servers there? Once you've established that you can't serve him in person, and can't serve him by mail (for example if you don't know where he lives), you can serve him by putting a notice in the paper. After the summons is served, you can do everything else by mail...assuming he doesn't contest it.

[lillakatoussa 12]

A certified letter or DHL with signed delivery is all you need. Proof that you mailed the papers to him and that he recieved them. After the date of receipt he has ususally 90 days depending on CA law to respond to the complaint. After that time period has passed if he does not respond you can then file a motion to continue your case without him. I am not a lawyer just telling you the process that I experienced as a US citizen who divorced the Ex-husband who lived in another country. On the flip side if he contest your complaint then you will need a lawyer to proceed.

Just a note, if he contests the divorce you don't need a lawyer to proceed but I would highly recommend it. I managed my own contested divorce in Cali (both of us USC) without an attorney but it is a very difficult and time consuming process.

[Villanelle 4,122]

In CA you can serve divorce papers in person or by mail.

http://www.courts.ca.gov/1229.htm#tab8760

"The papers can be served in 1 of 2 ways:

Personal service

This means that your “server” hand-delivers a copy of all the papers (and the blank forms) to your spouse or domestic partner. In most cases, you will have to do personal service for your initial divorce or legal separation papers.

OR

Service by mail with a Notice and Acknowledgment of Receipt

If you and your spouse or domestic partner are cooperating on your family law case, and your spouse or domestic partner agrees to accept service by mail, this can be an easy and less expensive way to serve the papers.

Someone 18 or older (NOT you) that is not involved in the case must mail copies of each of the forms you filed with the court, the blank forms listed above, and 2 copies of the Notice and Acknowledgment of Receipt (Family Law) (Form FL-117). Click to find out more about service by Notice and Acknoledgment of Receipt.

Form FL-117 shows the court that your spouse or domestic partner received your forms. If your spouse or domestic partner does not sign, date, and return this form, you will have to have him or her served again by personal service.

Note: If your spouse or domestic partner lives outside of California, you may be able to serve him or her with the Petition and Summons by certified mail, with return receipt requested. Ask a lawyer or your family law facilitator to make sure you can use this type of service."

The states site -http://www.courts.ca.gov/1229.htm#tab8762 has step by step instructions on how to file plus links on where to get help and how to contact your county for their specific requirements.