Dummy's guide in how to get a judicial separation/divorce in the Circuit Court without a solicitor?

Where can I find this? I'm not eligible for Legal Aid, and I cannot afford the €35,000 or whatever of my nett income that I've been quoted to pay a solicitor to take it to the Circuit Court. I could stretch to €10,000 and take on the debt, but not that extraordinary fee (it would take me 2-3 years to earn the gross figure). I'm not doing it to clog up the court system or anything else as the Law Society came out a week or so to claim (https://www.irishtimes.com/news/crime-and-law/litigants-in-person-legal-action-a-major-issue-says-law-society-1.4772895). There is no alternative.

Just to be clear: obviously I am talking about a situation where mediation has been attempted and both sides cannot agree on the details of a separation/divorce.

So far, these appear to be the steps:

1. You need need to seek a judicial separation but, if you have been separated for two of the past three years, it makes more sense to go straight for a divorce: "If the parties disagree a court hearing will be required to resolve the issues in which case one of the spouses must apply for a judicial separation, using the Family law civil bill document, to the Circuit Court to start the process." [https://www.lawonline.ie/law-guides/personal/how-to-get-a-separation]
2. You can make the application yourself. In applying for a judicial separation you must cite one or more grounds for your application. The possible grounds which can be given by the applicant include one or more of the following: 1. ==>  The respondent has committed adultery; 2. ==> The respondent has behaved in such a way that the applicant cannot reasonably be expected to live with him or her; 3. ==> The respondent has deserted for a continuous period of at least one year prior to the application; 4.==> The spouses have lived apart for a continuous period of one year prior to the application and his or her spouse consents to the application; 5.==> The spouses have lived apart from one another for a continuous period of at least three years preceding the date of the application; 6.==> The marriage has broken down to the extent that no normal marital relationship has existed between the spouses for a period of in or about at least one year prior to the date of the application. Important note: "One of the main concerns of the court will be to ensure both spouses and any dependent children are financially looked after – what is referred to as proper provision. The term ‘proper provision’ is not defined anywhere in the legislation." "The spouse who applies for the judicial separation is referred to as the applicant and the other spouse then becomes the respondent."

So, what happens next? Is it possible to see any similar case in the family law circuit case? (as far as I know it's not). How can we get an idea of the courtroom procedure and culture in such a case? How long does it last? How long does it take to get to court? I started reading this - https://www.courts.ie/judicial-separation - but it was definitely written in a way to deter people from taking such cases. Any clear, no-nonsense guide or link to an organisation which could help would be greatly appreciated.

Caranica

There's a divorce and separation forum on here with lots of useful information

FishOnABike

I see little point in getting a Judicial Separation first, wait a year more and just apply for a Divorce. Why put the cost of both a Judicial Separation and a Divorce on yourself?

This might give a more understandable explanation of the process https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html

If there are some terms you can both agree on it could help reduce the number of terms the court needs to make a ruling on. The more you can agree the less is left to the whims of the court.

There are services to help you prepare and file your own Divorce application if you want to go that way. An online search should return a few options.

It's a hard call though, professional advice can be more cost effective in the long term, depending on circumstances and how contentious or not a divorce is.

jonniepster

I'm in a similar boat. I've been trying to get divorced from my wife for years and my solicitor has been absolutely useless. I Take care of all of my son's finances I take care of a jointly owned rental property I give her money I've given her a lump sums, and she has a job and lodgers that she lied about on her affidavit and my solicitor did nothing.

Now the solicitor is coming off record and trying to charge me 20 grand.

That is without ever having notified me over the last couple of years of any potential extra charges.

I am probably going to have to represent myself and I have no clue how to go about it

Would interested in sharing some information with you and hearing from you how things are progressing...