Divorce

thecat777

Currently going through divorce, my spouse ignores all papers and has not filed an appearance (5 months ago he was served with the Civil bill and my affidavits). He just wants to delay the process as much as possible. We are still living in the same house, which makes the waiting a lot more difficult. My solicitor is in the process of filing a motion in default but my question is, if my spouse does not appear in Court and does not submit Affidavit of means at all (I know this is what he will do), what happens, how is Court going to decide on asset separation or child support? And how many times can the court hearing be adjourned if he keeps NOT appearing? Thanks

I'd like to know this, too. Just how long can one's spouse delay things, regardless of the stress they create for the kids and everybody else in the family home? Is there no law ensuring they cannot do this? In many cases it's, among other things, a continuation of financial abuse: they have deeper pockets so are hoping that if they keep delaying their ex will run out of money.

There should be strict time limits and penalities on this - an affidavit of means can be compiled in a week or two at most by looking at one's online bank/credit card statements, for instance. I did mine for the year in a weekend. At most, there should be a one month limit and anybody dragging it out needs to be penalised. But much faster resolution of family law cases would impact lawyers' fees so you can be sure this will not be passed by the waste-of-space Oireachtas and their joke committee systems if they ever get around to family law reform in the next century.

RIRI

I third this - I'd love to know just how long they are allowed to frustrate the process all the while causing so much more unnecessary additional stress.

Appreciate that everyone is entitled to representation (rightly so) and legal aid can take some time to arrange. I served my ex in July, he is only now applying for Legal Aid as of this week. In the meantime I'm in a similar situation to thecat777, albet I only stay in my own home a few nights a week due to the agressive verbal outbursts.

Can anyone shed any light?

Dial Hard

Unfortunately, the answer is "almost indefinitely". There was a chap at my first callover who was on his 7th or 8th adjournment. His ex had left the country and he had no way of even contacting her but the registrar told him to try again and come back. He got visibly upset and frustrated at yet another delay and nearly got himself removed from the court.

Another couple at my second callover had been fighting over the family home for over 8 years by this point.

If one party (usually the respondent) is acting in bad faith or refusing to engage at all then, sadly, they can drag the process out for years because the courts are extremely, extremely reluctant to make orders in absentia or where they feel one party potentially isn't fully aware of the proceedings, hasn't taken legal advice etc. Orders on assets will also pretty much never happen without affidavits of means from both sides because, as you can imagine, judges are *very* reluctant to do so without being in full possession of all the facts.

RIRI

Thanks for the info... 8 years - thats horriffic!

thecat777

OMG, this is horrible. So if the Court cannot make an order for the assets because he does not submit affidavit, that means he can stay in the house for years to come even if the divorce is finalised?

Dial Hard

https://www.boards.ie/discussion/comment/120201163#Comment_120201163

It's extremely unlikely the divorce will be granted in the first place until the assets are sorted.

Sorry, I know it sucks.