FAQ and Advice
FAQ: Should I communicate with my spouse during a divorce?
There will be many times during the divorce process that you will need to communicate with your spouse. It is a sensitive time, so you need to ensure you communicate with a level head. We recommend communicating with your spouse yourself and not through your lawyer if possible. This is because:
It will cost you a lot of money to constantly get your lawyer to send messages to your spouse.
Simple requests may be perceived as threatening if sent through your lawyer.
When communicating with your spouse, you want to ensure your conversations are positive and cordial.
Don’t communicate when you’re angry or upset.
Limit your social media and don’t post anything related to your divorce.
Keep a civil tone.
When should I communicate through my solicitor?
There may be times where speaking to your spouse is impossible. This may be because the hostility is too much to overcome, or it may be due to a court order. The latter is often imposed for cases of domestic violence or when either spouse has received a restraining order.
In these cases, you should communicate through your lawyer.
Do I need to keep a record of my communication with my spouse?
If communicating through writing, whether it be in texts, emails or letters, we recommend keeping messages that contain important information related to the divorce. This could include any of the following:
Debt repayments
Infidelity
Tax returns
Schedules
Offers to settle
Don’t be tempted to record verbal conversations without your partner’s knowledge or consent. There are laws that prohibit this and it could be detrimental to your case. Always consult with your lawyer before recording conversations.
FAQ What is the difference between a divorce and an annulment?
An annulment is a legal procedure that invalidates and legally erases a marriage. This is in contrast to a divorce which simply dissolves a marriage.
An annulment typically occurs if the marriage breaks religious or state rules, depending on the type of marriage. Grounds for an annulment will vary depending on your country of residence, religion and other case-by-case factors.
Reasons for getting an annulment may include the following:
Bigamy
Forced consent
Fraud
Incest
Mental illness or incapacity
Inability to consummate the marriage
Underage marriage
Either party can initiate an annulment, but they must have sufficient evidence for a case.
A divorce, on the other hand, returns each member of a couple back to being single, but the marriage is still legally recognised as having happened.
FAQ: How long do I have to be married before I can get a divorce?
You must be living separate and apart for at least two years before you can get divorced. If you’ve been separated for under two years, you can get your application drafted and ready to send, but you cannot submit it until the two year period is satisfied.
Another route you could take is a legal separation. A legal separation enables you to live apart from your spouse without divorcing. There is no minimum length of marriage needed for a legal separation, but the process typically takes around 2-4 months to complete, leading many couples to simply wait to begin divorce proceedings.
You do not need to be legally separated to start divorce proceedings.
FAQ: How much does it cost to get a divorce in the Ireland?
We offer a fixed fee consultation prior to any divorce proceedings – this allows us to assess your case and advise you accordingly on the costs associated with your divorce specifically. For straight forward cases where the parties are in agreement we can offer a discounted fixed rate Divorce Service.
If you would like to arrange an initial fixed fee consultation regarding divorce proceedings, you can get in touch with us today for a confidential discussion and we’ll be happy to help. Alternatively we can arrange a Skype call with you if it is more convenient.
FAQ: Do we need legal advice during our divorce?
If you are considering divorce, then legal advice is very much recommended. By having an experienced legal professional to talk to, you can be sure that you are fully aware of the processes and consequences of the divorce process. From advice on the financial implications to the intricacies of child custody, legal advice is a vital element of a smooth divorce process. Mary Molloy and Company Solicitors offer a wide range of legal advice for divorce cases, using specialist knowledge and the utmost sensitivity and care.
Want to discuss your options? You can get in touch with us today to book an initial fixed fee consultation for a confidential discussion and we’ll be happy to help. Alternatively we can arrange a Skype call with you if it is more convenient.
FAQ: How long does the divorce process take in Ireland? How quickly can we get divorced?
Firstly, you need to be aware that, in Ireland, you cannot apply for a divorce until you have been living separate and apart for at least two years. Every divorce case is different, some will be more simple – and thus quicker – than others, but how fast you can finalise a divorce depends entirely on the circumstances surrounding it. Some key factors include:
Is the divorce being contested? – If your partner contests the divorce, refuses to sign the papers or demonstrates hesitation, further steps will be needed before the divorce can proceed. This could be mediation, enlisting a third party to deliver papers to your partner, revising an application, seeking further legal advice from a divorce solicitor and, eventually, presenting the case in court. If the divorce is uncontested, this speeds things up greatly, with no need to appear in court.
Are their any children to consider? – If child maintenance or child custody needs to be discussed, this could delay the process. The wellbeing of your children is the most important consideration during any divorce, so these discussions must be handled carefully and in depth.
How many financial assets need to be divided? – If there’s nothing or very little to split between the two parties, the divorce process will be simplified. However, if you have to divide large assets such as the house, a pension and other valuable belongings, then settling on the specifics of the division can take a long time, depending on how each party approaches this.
A Divorce Order, which is a legal order stating the date that the marriage will end, can be obtained after an average period of six months, although it could be much shorter or longer.
Even in complex divorce cases, you can make sure you’re not wasting any time during preparations by enlisting the advice of a reputable divorce solicitor, who will offer guidance and support throughout every stage of your case. A trained solicitor will be able to assess your situation and give you appropriate advice on what to expect, so it is important that you seek legal expertise before entering into divorce proceedings.
Needing advice about how to start divorce proceedings? You can get in touch with us today to book an initial fixed fee consultation for a confidential discussion and we’ll be happy to help. Alternatively we can arrange a Skype call with you if it is more convenient.
