A couple are still married after a judicial separation.
Divorce :Ex Repeatedly Refusing To Co-operate
- Thread starter dublinwoman72
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. . . and while all this and more are going on your solicitor's fees grow like wildfire.
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dublinwoman72
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No regrets coyote explains the situation very accurately. All issues including succession rights dealt with. People increasingly don't know what JS is and say why are you not divorced? I don't want to be married to this person and I should have the right like everyone else to get married if I want to in the future. Anyway, back to my post. What does the case progression system do where someone simply won't co-operate repeatedly for no go reason other than control?
This type of response bugs me. Its not helpful and not in the spirit of AAM. Its antagonistic.
Sure for most questions posed one could respond with - your financial advisor shoukd be answering this, what does your pension advisor say, your mortgage advisor, your bank, your accountant, your whatever.
I'm no great defender of other posters, but ClubMan is right.
1. When the laws concerning divorce were being drawn up we were informed that the process would be simple, easy and dynamic. The process has failed on all three. Very few gain in divorce, but the legal people always gain and it's in their interests to draw the subject out for as long as possible.
2. Nobody thinks of the parties involved. There are emotional difficulties (for one at least).
3. Financial issues just grow and grow.
4. Perhaps I'm approaching my dotage, but I can see a day when nobody will get married in Ireland if the divorce proceedings remain as is.
5. The big problem here is one party is refusing to engage in the process. The other has to complete the same legal forms for every hearing and is engaging. But, she is engaging with the solicitor only. Likely, there is much more at play in this case (and it's none of our business) but once again the OP is left in an expensive state of limbo.
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dublinwoman72
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My solicitor is saying there is nothing I can do. I'm looking for a second opinion here. I haven't got €300-€400 hour+ VAT for a second legal opinion. Hence posting here.
My question is can the court registrar move this straight to a divorce hearing if they want , or can my solicitor apply to the court to seek a divorce hearing, again bypassing case progression?. what are the mechanisms that the legal system has to resolve a case stuck in indefinite case progression?
My question is can the court registrar move this straight to a divorce hearing if they want , or can my solicitor apply to the court to seek a divorce hearing, again bypassing case progression?. what are the mechanisms that the legal system has to resolve a case stuck in indefinite case progression?
Silversurfer
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The one point that all those who divorce should remember is ‘Where the children go. The money follows’.
Nothing you can do about what? You can't be refused a divorce in Ireland. Unlike the UK system.
Matters might be dragging on, but they will eventually be resolved.
However if you are looking to reopen settlement matters, that will certainly cause delays.
Compared to the UK system, where you must have 'grounds' for divorce; ours is relatively simple.
The only two requirements are that you must be legally married and you must be living apart for two years.
Where the complexity comes in is in regards to children & property - and *none* of that previous legislation was changed when divorce became a legal entitlement.
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NoRegretsCoyote
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Try getting a divorce in a hurry with a non-cooperative, non-resident spouse even with no property or children. You will be looking at five figures in legal fees too.
If there's no settlement issues you can DIY divorce; it doesn't matter how long the other party drags eventually you will get your ruling.
Unlike the UK system, the other party cannot refuse to be divorced. Update: I'm told they finally updated their legislation 8 or 9 months ago - likely in direct response to this case.
www.theguardian.com
Nothing in our legal system goes fast.
Unlike the UK system, the other party cannot refuse to be divorced. Update: I'm told they finally updated their legislation 8 or 9 months ago - likely in direct response to this case.
Woman 'trapped in loveless marriage' after judges refuse divorce
Unusual ruling by court of appeal in case of 40-year marriage prompts call for parliament to introduce ‘no fault’ divorce
www.theguardian.com
Nothing in our legal system goes fast.
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Not if nothing is happening. The file just sits there and no fees accumulate but the solicitor doesn't get paid for the work already done.
It seems that you have an expensive solicitor. Mine charged a lot less than that and she did an excellent job all things considered.
Not necessarily. In my case my Ex got more than me even though the children are mostly with me.
@dublinwoman72, your solicitor really is the one who should be answering these questions. They are the only one who can answer them. They should know who the Court Registrars are and which one they should be dealing with. They know the details of your case and how to progress it.
Some solicitors are better than others, sometimes the relationship between solicitor and client doesn't quite work. You can only control the things that are within your power to control so my suggestion is to apply more pressure to your solicitor and get them to explain to your satisfaction why "nothing can be done".
dontaskaboutmon
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Why haven't you served a notice of motion for judgment in default ? If not, get one served.