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Divorcing U.S. resident from Ireland

  • 10-07-2017 10:34PM
    #1
    martin18
    Registered Users, Registered Users 2 Posts: 45 ✭


    Hello there, wondering if anyone can give me some initial insight into my situation, pending consultation with an Irish solicitor.

    I'm an Irish citizen married (in the U.S.) to a U.S. green card holder and Irish citizen (both by virtue of marriage to me). We have an 8 year old daughter. We separated 6 years ago but have not divorced. He is in the U.S. and my daughter and I have recently moved back to Ireland to be with my family. I want to divorce.

    I can file in the U.S. or in Ireland as far as I can see. Am I right about Ireland? I meet the criteria of being domiciled here, but can I divorce a U.S. resident from here? (Whether it would be advisable to do it here or in the U.S. is for a subsequent question, I think, but which court system would best protect my interests is obviously going to be an important question for me.)

    Appreciate it!


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry. legal advice not available on this forum
    Leaving open for general discussion subject to above


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,278 ✭✭✭✭Peregrinus


    The general answer is "yes". As long as at least one spouse is domiciled in Ireland, you can bring your divorce proceedings here. It doesn't matter where the other spouse is domiciled or resident.

    The result is that the OP has a choice between bringing divorce proceedings in Ireland or in the US. As she notes, there are tactical considerations about where to bring the proceedings - Which forum will most effectively protect her interests and those of her daughter? Which will be quicker? Which will be cheaper?

    The point is, though, that she has the choice.


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