Diy Divorce" Court Procedure"

King Krib

I'm in the process of a DIY divorce, it's consented and I already have my court date. Any tips on how to handle the actual court day?

Cyclepath

King Krib wrote: »

I'm in the process of a DIY divorce, it's consented and I already have my court date. Any tips on how to handle the actual court day?

Turn up before 10am. You paperwork should tell you which court you case is being hear in. First thing they do is call everyone into the court where the court official goes through the list of cases and the judge decides the order of business.

Each case is called (usually by the initials of the plaintiff and respondent - for example JS v. AM) and you give a quick description of the case.

Then, based on how long it might take or whether it's contested, it can be earlier or later in the day's schedule. When you're called the judge might ask if you have a solicitor, but you just say "I'm representing myself Judge, it's a consented divorce" (don't call the judge 'your honor'!).

Because it's not contested, you might get an early slot in the day. After you give your spiel, the judge says where you are in the list, e.g number 4. Then when list is sorted for everybody, you all troop out and wait to be called.

Then you just wait on the benches outside the courtrooms until you're called back in for the hearing. Whatever you do, don't leave to go get coffee etc unless you're far down the list. They can rattle down through the first few cases very quickly.

When you go back in, it'll just be you, and maybe your ex partner if they turn up. Family court cases are held 'in camera' so there'll be no audience! Just approach the bench and wait for instructions from the court official or judge. You may be sworn n in which case you go into the little plaintiffs box to give evidence. The judge for example might ask about provisions being made for the children, if any, or maintenance if applicable.

Then you'll be told to stand down and the judge grants the decree and you throw your hat in the air and whoop and skip out of the courtroom like a.... ...sorry some personal stuff coming in there

King Krib

Cyclepath wrote: »

King Krib wrote: »

I'm in the process of a DIY divorce, it's consented and I already have my court date. Any tips on how to handle the actual court day?

Turn up before 10am. You paperwork should tell you which court you case is being hear in. First thing they do is call everyone into the court where the court official goes through the list of cases and the judge decides the order of business.

Each case is called (usually by the initials of the plaintiff and respondent - for example JS v. AM) and you give a quick description of the case.

Then, based on how long it might take or whether it's contested, it can be earlier or later in the day's schedule. When you're called the judge might ask if you have a solicitor, but you just say "I'm representing myself Judge, it's a consented divorce" (don't call the judge 'your honor'!).

Because it's not contested, you might get an early slot in the day. After you give your spiel, the judge says where you are in the list, e.g number 4. Then when list is sorted for everybody, you all troop out and wait to be called.

Then you just wait on the benches outside the courtrooms until you're called back in for the hearing. Whatever you do, don't leave to go get coffee etc unless you're far down the list. They can rattle down through the first few cases very quickly.

When you go back in, it'll just be you, and maybe your ex partner if they turn up. Family court cases are held 'in camera' so there'll be no audience! Just approach the bench and wait for instructions from the court official or judge. You may be sworn n in which case you go into the little plaintiffs box to give evidence. The judge for example might ask about provisions being made for the children, if any, or maintenance if applicable.

Then you'll be told to stand down and the judge grants the decree and you throw your hat in the air and whoop and skip out of the courtroom like a.... ...sorry some personal stuff coming in there

Thanks very much for the info. I'll be throwing my hat in the air alright...

snor

Just a word of caution before you get your hat ready........... the case may not go ahead on the day if there is a long list and one of the cases is known to take a long time. If this happens, you will have to get a new date which may be 3/4 months down the road. Best of luck.

King Krib

snor wrote: »

Just a word of caution before you get your hat ready........... the case may not go ahead on the day if there is a long list and one of the cases is known to take a long time. If this happens, you will have to get a new date which may be 3/4 months down the road. Best of luck.

Fingers crossed this won't happen...

sffc

Excellent practical advice - and well written too. I'm at least 3 years away from all this but it's great to get a heads up - well done all

King Krib

sffc wrote: »

Excellent practical advice - and well written too. I'm at least 3 years away from all this but it's great to get a heads up - well done all

It's all recent in my head so don't hesitate to ask any questions.

oscarBravo

One question on the DIY route - form 37D appears to require the services of a solicitor. Is there a way around that?

Ken.

oscarBravo wrote: »

One question on the DIY route - form 37D appears to require the services of a solicitor. Is there a way around that?

To the best of my knowledge my mother got a commissioner of oaths to sign hers. Hers and my fathers divorce was pretty straight forward though. No house or money and myself and my 2 brothers were over 18. I'll check with her in the morning to see if she done it that way.

anmhi02

I also went down the DIY route but don't recall getting that signed. The judge will ask you on the day if there is any hope of reconciliation. But a commissioner of oaths can also sign it if you want. One other tip, even though you may think your going to throw your hat in the air, when those words are said by the judge and you leave the courtroom, you are going to feel emotional so bringing someone for moral support would be a good idea. I went alone and wish now l had brought someone....it'll be a tough morning/afternoon but once you get over that you'll be flying. Good luck with it. Dont forget to bring your marriage license either....you surrender it at the start and it will be taken from you for good.

Abi

anmhi02 wrote: »

I also went down the DIY route but don't recall getting that signed. The judge will ask you on the day if there is any hope of reconciliation. But a commissioner of oaths can also sign it if you want. One other tip, even though you may think your going to throw your hat in the air, when those words are said by the judge and you leave the courtroom, you are going to feel emotional so bringing someone for moral support would be a good idea. I went alone and wish now l had brought someone....it'll be a tough morning/afternoon but once you get over that you'll be flying. Good luck with it. Dont forget to bring your marriage license either....you surrender it at the start and it will be taken from you for good.

I'm a bit confused about this, do you mean marriage cert?

King Krib

I wouldn't mind some clarity on that. I sent in my marriage cert to the courts already.

Abi

I know once you divorce you give up the right to a church marriage, but the license thing I don't understand. Nothing like that was mentioned to me so far anyway.

King Krib

I emailed the court offices today,basically all your documents are submitted to the courts at various stages of the process. Inorder to aquire a court date all of the relevant papers must be submitted. You can bring your own copies of this paperwork on the day but it should all be on file in the court anyway.

A2LUE42

If you can stay near the door or where ever the person organising the order of proceedings you might also get in if there is a small gap in the schedule. Make sure they have you on the list and that it is uncontested. Be nice to that person.

I was amazed by the number of people who went outside chatting and smoking and missed their opportunity. It can be a long day if you are not paying attention and you miss your call.

King Krib

A2LUE42 wrote: »

If you can stay near the door or where ever the person organising the order of proceedings you might also get in if there is a small gap in the schedule. Make sure they have you on the list and that it is uncontested. Be nice to that person.

I was amazed by the number of people who went outside chatting and smoking and missed their opportunity. It can be a long day if you are not paying attention and you miss your call.

That's brilliant advice. Thank you.

Ken.

Spoke to my mother. A commissioner of oaths did sign her 37D form for her.

King Krib

Is there any situation the 37d form wouldn't be required. I have filed my paper work,have my court date but dont recall that form,it's worrying me a bit now.

Ken.

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html

Rules

Before a court can grant a divorce, the following conditions must be met:

• The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.
• There must be no reasonable prospect of reconciliation.
• Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party and other relatives.

If these conditions are met, either party to a marriage may apply to court for a decree of divorce. When applying for a divorce you must submit four documents to the Circuit Court:

• An application form (known as a family law civil bill). This document describes both you and your spouse, your occupations and where you live. It also sets out when you married, for how long you have been living apart and the names and birth dates of your children.
• A sworn statement of means (Form 37A). This document sets out your assets, your income, your debts, your liabilities and your outgoings.
• A sworn statement relating to the welfare of your children (Form 37B). This document sets out the personal details of the children of the marriage. It describes where they live and with whom. It also describes their education and training, their health, childcare arrangements and maintenance and access arrangements.
• A document certifying that you have been advised of the alternatives to divorce (Form 37D). This document is sworn by a solicitor and it certifies that you have discussed the options of reconciliation, mediation and separation.

When all of the necessary documents have been filed, you will be given a date for the court hearing. The hearing will be held in private and you will need to show the court that you meet the requirements of the Family Law (Divorce) Act 1996. You can read more about the factors considered by a court in a divorce case here. If the court is satisfied that you have grounds for a divorce, it will grant a decree of divorce.
Further information on applying for a divorce is available on the Courts Service website.



I've bold the bit about 37D. From reading that page it appears you do need it.






http://www.courts.ie/rules.nsf/0f9632235a96242e80256d2b0045bb5c/0e05b363c61d2d9780256f240065c80e?OpenDocument

heres a link to the form. You can download it or look at it to see if it rings a bell.

King Krib

The fact that I've submitted separation agreement might have something to do with. That was one of the points on that page .

King Krib

Just heard back from the Divorce company I used, she told me that the 37d form is generally used only by solicitors. Phew...

Ken.

That's good news, sorry for causing you any upset.

oscarBravo

King Krib wrote: »

Just heard back from the Divorce company I used, she told me that the 37d form is generally used only by solicitors. Phew...

Cool, I'll have a go at submitting an application without it and see how it goes.

King Krib

ken wrote: »

That's good news, sorry for causing you any upset.

No hassle at all, no upset caused. Thanks for your input.

anmhi02

My apologies, yes I meant the marriage certificate. As soon as I went into the court and was sworn in, the judge asked for the cert and that was it, never seen again.

King Krib

anmhi02 wrote: »

My apologies, yes I meant the marriage certificate. As soon as I went into the court and was sworn in, the judge asked for the cert and that was it, never seen again.

How did you address the judge as a matter of interest? I'll have to order a cert so..

oscarBravo

oscarBravo wrote: »

Cool, I'll have a go at submitting an application without it and see how it goes.

I was told to come back with one; I can sign it myself if there isn't a solicitor involved. Apparently. I'll report back again (probably Friday at the earliest).

oscarBravo

King Krib wrote: »

How did you address the judge as a matter of interest? I'll have to order a cert so..

Kieron Wood's book suggests that a Circuit Court judge should be addressed as "my lord", whether male or female.

anmhi02

King Krib wrote: »

anmhi02 wrote: »

My apologies, yes I meant the marriage certificate. As soon as I went into the court and was sworn in, the judge asked for the cert and that was it, never seen again.

How did you address the judge as a matter of interest? I'll have to order a cert so..

The gentleman that called out the names for the hearings told us to address the judge as "your honor. So just go by what that person advises.

Abi

I'd advise that you find that out before hand alright. During an out of court discussion with my solicitor she had a massive reaction towards me referring to them as your honour. She knew the judge on the day, and she told me to refer to him as your honour, as it drove him up the wall. I think it might depend on who you get.

King Krib

Well I'm officially divorced now, had my court hearing today and it couldn't have went any better. The process was very straightforward from start to finish. I can't but recommend DIY Divorce now.