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DIVORCE - a mix of questions

  • 11-10-2011 9:26pm
    #1
    ruboo
    Closed Accounts Posts: 39 ✭


    Evening all,

    It's time for me to get serious about this divorce. I am wondering if any of you could shed some light on some options that I am thinking of.

    I got married to an American in New York City about seven years ago.

    We separated in October 2009 and I moved home to Ireland. He soon followed myself and his daughter (which was fine, we are on friendly terms and I want him in her life as much as possible)

    So, now two years later, we live separate, are separated, but we want to move onto divorce. Can we divorce here with an American marriage certificate? Or can I do the divorce from here, but in America?

    Thanks!


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    You needed to be separate for 4 out of the previous 5 years to get divorced in Ireland. You can get divorced here even if married abroad.

    For a foreign divorce (i.e a New York one) to be recognized one of the parties must be domiciled in the state that granted it (which for the U.S. means the state in question).

    New York requires 1 year residence prior to an action for divorce (13-230 NY Domestic Relations Law).

    New York further requires that you establish abandonment, cruelty or adultery or else living apart pursuant to a separation agreement or a decree of judicial separation for a year before bringing divorce proceedings (10-170 NY Domestic Relations Law)


  • #3
    ruboo
    Closed Accounts Posts: 39 ✭ruboo


    So. Basically i have to wait until october 2013 and then i can file for divorce here? That's a ridiculous amount of time!


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    ruboo wrote: »
    So. Basically i have to wait until october 2013 and then i can file for divorce here? That's a ridiculous amount of time!

    The above post was just a general statement of law. If you want an expert opinion on how that law applies to you, contact a solicitor. If you can't afford a solicitor, contact the legal aid board. If you can't/won't do that, get a law book.

    If you absolutely insist on getting legal advice on the Internet, there are other sites that offer that eg www.askaboutmoney.ie


  • #5
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    If the marriage broke down before 2009 this can be taken into account in regard to the 4 rule.


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Living separate lives in the same building can be considered living apart, you should get advice if this might be the case.


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