Divorce - what voice do you have in court

Fiona

Hi there

I am looking to speak with somebody who has gone through the divorce process in the courts.

Ex Husband appears to be leading the action and I am fine with that, we will be free to divorce from April 2016 onwards.

1. What does he say in court?

2. What can I say in court?

3. Do I get to speak if I am not the one taking the legal action?

4. Can my solictor go for me?

Our marriage ended in less than perfect circumstances and he is guilty of the same things I have done yet can't accept that and continues to paint me in negative light, therefore I just want some insight into how vocal parties can be in the courtroom.

Feel free to pm me.

Ken.

First off Ireland adheres to a 'no fault' divorce system. Doesn't matter if you had 10 affairs and him 20 or there was domestic violence on both sides. As long as you meet the rules you can divorce. The rules are contained here http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html

As you can see from that link you don't need a solicitor if you don't want one. My mothers divorce took 15 minutes in front of the Judge and 14 of those minutes was the Judge reading the various forms. She was asked 1 question. "Are you sure your happy with this Mrs X. You can't undo it." She said "I'm sure" Judge said "grand" and stamped the form and called next.

howamidifferent

Ireland has "no fault" divorce so the judge is not interested in any stories.
You go in. Swear an oath on the bible.
State the marraige is over and beyond saving.
You comply with the 4 out of 5 year apart requirement.
If no kids then thats it.
A solicitor may state that arrangements have been made for family home to be kept/sold/divided etc.

Judge says grand. Paperwork issues a few days later.

Fiona

Thanks folks that gives me some comfort that it will be kept fair.

Ken.

If there is any contact between ye at all ye should get into mediation and decide on splitting stuff up. I'm assuming there are no kids. If ye can decide on that and have the paperwork filled out the court will be a doddle. 15 to 20 minutes tops. Also the mediator will explain what will happen on the day.

Fiona

ken wrote: »

If there is any contact between ye at all ye should get into mediation and decide on splitting stuff up. I'm assuming there are no kids. If ye can decide on that and have the paperwork filled out the court will be a doddle. 15 to 20 minutes tops. Also the mediator will explain what will happen on the day.

We haven't spoken since April 2012, no kids, no assets together so appears to be pretty textbook from what I have read.

He started off requesting legal separation and we have signed draft docs but nothing has gone to court but according to my solicitor we have nothing really to mull over so we could techincally do without the legal separation agreement.

Ken.

Cool. Seems fairly straight forward then.

dollydimples82

ken wrote: »

If ye can decide on that and have the paperwork filled out the court will be a doddle. 15 to 20 minutes tops. Also the mediator will explain what will happen on the day.

How long does it take if everthing hasn't been decided on? say there is kids, property, etc will it be sorted on the day or does it drag on? I know people say its best to avoid court as it ends up costing more, any idea how much the costs are?

Sala

There is no fault divorce in that you don't have to prove conduct etc to get a divorce however conduct is taken into account in relation to ancillary orders (children, property etc).

The judges don't really care for mud slinging, nor do they care who did what to whom... They only care about making proper provision for both parties and the best interests of children are paramount.

Sala

dollydimples82 wrote: »

How long does it take if everthing hasn't been decided on? say there is kids, property, etc will it be sorted on the day or does it drag on? I know people say its best to avoid court as it ends up costing more, any idea how much the costs are?

I'm not sure I understand what you are asking exactly but basically if you're going to court and its not settled prior to the date there's a hearing. The hearing can be listed for a few hour up to a week or so depending on the complexity (assets etc). Oral evidence will be given and the parties and their witnesses (accountants, gardai, anyone relevant really) will be cross examined. The judge then decides what happens.

You can't actually "avoid court"'for a divorce - it has to go to court. However if the terms of settlement are agreed beforehand then once the judge is happy the criteria for being eligible for divorce have been met and the terms make proper provision, he/she will make the order, and the evidence is limited to the applicant stating under oath when they married, separated etc

dollydimples82

"I'm not sure I understand what you are asking exactly but basically if you're going to court and its not settled prior to the date there's a hearing. The hearing can be listed for a few hour up to a week or so depending on the complexity (assets etc). Oral evidence will be given and the parties and their witnesses (accountants, gardai, anyone relevant really) will be cross examined. The judge then decides what happens."

Thanks sala, that is exactly what I meant! I should have explained myself better as I know it will have to end up in court for the final divorce stamp! We cant decide on anything, we are barely talking and he wont make me an offer, we are heading to court to get "stuff" divided or sorted out. didn't realise witnesses would be called though!