Though most couples get married with happily-ever-after intentions, many unions turn out to be a case of 'until divorce do us part'.

Prior to deciding to dissolve a marriage, it is important to consult a lawyer for advice on the ramifications on child custody and property allocation.

"Before embarking on details, getting advice from a lawyer is important, so that when the court is given the petition, all the important details are already looked at," stressed Alton Morgan, attorney-at-law at Alton Morgan & Co, in an interview with The Gleaner.

He said standard divorce law requires couples to undergo two years of separation before application can be made to the court. During that time, they are required to seek counselling from a court-approved marriage counsellor.

"The counselling period will reveal if there is any hope for reconciliation between the two parties. If the counsellor identifies the root cause of the problem and is satisfied that there is no reconciliation, he then certifies to the court that the attempt at counselling has failed," Morgan said.

Both parties should also discuss the division of property as well as decide who gets the kids.

Some of the issues that determine the decision about child custody are maintenance, religious education, lifestyle and extra-curricular activities.

Proceedings must commence with a petition, which should be accompanied by an affidavit if children are involved. The lawyer then takes the matter to court.

The Supreme Court told Saturday Life that the processing time is dependent on the caseload at the registry. However, special consideration is given if the matter is urgent. In this case, the lawyer must send a letter to the registry explaining the circumstances.

Commencement of proceedings

1Proceedings for dissolution of marriage must be commenced by petition.

2This petition may include a claim for maintenance, custody, education of, or access to, children.

3If the petition discloses that there are relevant children who are minors, it must be accompanied by an affidavit signed by the petitioner.

4The affidavit accompanying the petition must set out particulars of the arrangements for the care, maintenance, education and upbringing of any relevant child and must state whether any relevant child is suffering from any disability and the nature of such disability.

5A petition must conclude with a summary of the relief being claimed and the names and addresses of the persons to be served, indicating if any of them is a person under disability.

6The petitioner must sign the petition.

7A petition is presented when filed in a registry.

If you have comments or questions, email feedback on today's advice column to saturdaylife@gleanerjm.com.

Below are the procedures for dissolution of marriage prior to expiration of two years of marriage

Permission to present a petition for dissolution of marriage, before the expiration of two years from the date of marriage, must be sought by application supported by affidavit.

Within 14 days of being served with an application, the respondent may file an affidavit in response and the applicant may reply to the respondent's affidavit within seven days of being served with such affidavit.

No further affidavit may be filed without the permission of the court.

The application must be set down for hearing before a judge, who may make such order or give such direction as seems fit, having regard to all the circumstances.