I need to know if I’m DIVORCED

IDear, Mrs Walker-Huntington, AM seeking information pertaining to getting a divorce.

I am in Jamaica and I have reasons to believe that my husband, who resides in the United States of America (USA) is married to someone else. He has not served me any documents and we have not been in contact for about two years now. I am seeing someone else and would like to properly and legally move on with my life.

Can you please help me, as this marriage has been a strain on me and has caused me nothing but pain and misery. Please help. I await your timely response.

Kind Regards,

SS Dear SS,

Sadly, this scenario plays out in our community from time to time. One partner in a marriage leaves for the USA and the relationship crumbles, with the partner in Jamaica losing touch with the spouse in America. The person sometimes wanted out of the marriage to begin with, or shortly after arriving in the US, realises that the only way to secure permanent status is to marry an American citizen.

In America, a person can obtain a divorce without the consent of the other party by default judgment (no response from the opposing party); or by publication – saying they are unaware of the location of their spouse. If your husband obtained a divorce by either of the above means, you may not have been served any divorce documents.

In some instances, we see spouses who commit bigamy – marry a second time in America without first obtaining a divorce – in an attempt to acquire their US residency. This is illegal and actually means that the current marriage to the American citizen is void, and so is their residency status.

You would need to find out if your husband divorced you in America before moving to be divorced in Jamaica. The difficulty in discovering whether you are divorced in America will depend on the state in which your husband resides. Divorce and privacy laws differ in each state and the ability to learn information can be difficult. You can attempt to obtain information from the clerk of the court in the county where your husband resides, or you can hire a lawyer in the United States to work on your behalf.

At the end of the day, if no information can be found after exercising due diligence, you may have to obtain a divorce in Jamaica before remarrying. Dahlia A. Walker-Huntington, Esq., is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@ walkerhuntington.com.