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Ex partner is uncontactable - Unable to divorce

  • 16-01-2025 05:17PM
    #1
    Registered Users, Registered Users 2 Posts: 499 ✭✭


    I'm going to change names here to Siobhan and John.

    Siobhan was in a relationship with John for 10 years and married him after 8.5 years together. From the start, Siobhan was a deeply caring and supportive partner. She knew John used drugs occasionally, but she didn’t realize how serious his addiction was until after they got married.

    Once married, it became impossible to ignore. When Siobhan confronted him about his drug use, John never admitted to it. He would deny everything, gaslighting her, claiming drugs left around the house were “flour from cooking” or that drug dealers she saw him with were just friends. Despite clear evidence, he refused to take admit anything or responsibility. She really wanted the relationship to work so she just let things go, which is what John was pushing for, to just wiggle out of an argument.

    John’s avoidant behavior went far beyond the drug use. When he lost his job for too many absent days, instead of being honest with Siobhan, he pretended to go to work each day but actually slept in his car. Siobhan worked tirelessly to support him, covering all their expenses, rent, groceries, car insurance, and more. She even arranged and paid for counseling sessions in the hope that he’d get help. He promised he attended them, but he didn’t.

    The situation reached a breaking point when drug dealers showed up at Siobhan’s family home, demanding payment. It was a complete shock to her family and Siobhan was extremally embarrassed and was furious with John for bringing it so close to home, involving her parents, who had to scramble to take out loans to pay off John’s debts. Siobhan, who already carried most of the financial burden, was devastated but still tried to help him. Even after all this, she gave him one last chance, but six months later, she had a reliable friend who seen John making another drug deal with the same dealer he’d sworn to avoid. When confronted, John denied everything yet again, leaving Siobhan overwhelmed with stress and anxiety. She finally asked him to leave.

    After he left, John went to stay with his father but was eventually asked to leave for continuing to use drugs. He’s now in a homeless shelter and is completely uncontactable. John has no phone, no email, and no social media. Even when family members have tried to meet him, he’s avoided them, standing them up. Even early on, at the start of their relations, John wouldn't use a mobile phone much. He always said he has no need and his phone would just be left on a counter top with a dead battery.

    The Current Problem:
    Siobhan has been separated from John for a year and a half and wants to finalize the divorce so she can move forward with her life. She initially consulted a solicitor but was quoted €15,000–€30,000, which she just can’t afford. Although she earns just over the free legal aid threshold, she doesn’t qualify for assistance, leaving her in a tough financial position while she’s still repaying the loans taken out to cover John’s debts.

    Mediation seemed like a more affordable option, but it requires both parties to attend and sign documents. Given John’s extreme avoidant behavior and the fact that he’s unreachable, it’s nearly impossible to get him to show up, even if Siobhan arranged transport for him. It's not that John doesn't want a divorce, it is genuinely that he is uncontactable. The rare times when his sister bumped into him, he said he contact Siobhan but it just never happened.

    When Siobhan was in contact with the solicitor, he advised that the legal route could eventually allow a judge to grant the divorce without John’s involvement, but this would cost thousands of euro, which isn’t viable for Siobhan.

    Siobhan gave everything to this relationship. She supported John emotionally, financially, and in every other way possible, even at great personal cost. All she wants now is to close this painful chapter of her life and move forward.

    My Question for boards.ie:
    Has anyone been through a similar situation or know what options Siobhan might have to finalize the divorce under these circumstances? Are there legal or alternative routes that might work when the other party is completely uncooperative and unreachable? Any advice or insights would mean so much to her.

    Post edited by Hannibal_Smith on


Comments

  • Registered Users, Registered Users 2 Posts: 7,426 ✭✭✭Hannibal_Smith


    Moved to Legal Discussion which seems a more appropriate place.



  • Registered Users, Registered Users 2 Posts: 704 ✭✭✭lmk123


    this is not legal advice but just tell Siobhan to forget about him totally and move on, it sounds like he is heading in one direction only and when he gets there she won’t have to worry about a divorce anymore.



  • Registered Users, Registered Users 2 Posts: 280 ✭✭phildub


    You need to be separated for 2 years for a divorce so there's step one. If she can't afford a solicitor she will have to represent herself so she should talk to someone in the family law office about the forms she will need.



  • Registered Users, Registered Users 2 Posts: 2,030 ✭✭✭Lenar3556


    Addictions do that unfortunately. It’s a sad outcome for all involved. Although none of the circumstances you mention about the marriage are likely to be of great relevance in terms of seeking divorce.

    The first practical question would be why she needs one. She is separated, he is not causing her any difficulty by the sounds of it - why not just leave it at that for now?

    If she does decide to proceed with it, she will firstly need to be separated for at least two years. There will then be a question as to how assets are divided, and he will need to receive legal advice on that, particularly given his health conditions. He presumably is a joint owner of the family home. She may say that he didn’t contribute much to it, but the reality is that he will be entitled to some share of its value - unless he decides to relinquish it, but from a legal perspective he would be poorly advised to do so.

    On the legal costs, the figures you mention would be commensurate with a contested divorce. It should be a fraction of that if there is agreement between the parties on the settlement terms.

    I don’t think him being uncontactable is likely to be great problem, indeed you might find he comes out of the woodwork quite quickly when it becomes apparent there may be a cheque to collect.







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