Assuming you meet the Divorce Requirements proceedings are commenced by either party attending at their local Circuit Court office with certain documentation including the following:
- Family Law Civil Bill.
- Affidavit of Means.
This document is strictly only necessary where either spouse is looking for Orders relating to property or money. However some Courts in different parts of the country require this document as a matter of course. DivorceIreland will supply this when necessary.
- Affidavit of Welfare.
This document is necessary where there are children of the marriage.
On attending the Circuit Court Office with these documents and on the basis that they are in order the Court office will “issue” the proceedings.
The Court documents must be served on your spouse within certain time frames and in a certain manner. If your spouse wishes to defend the case, he/she must file other documents within particular timeframes.
If your spouse does not wish to defend your case and/or is consenting to it you can apply to Court for a date for hearing of your application for Divorce.
The Court case will be “in camera” ie, in private apart from Court staff, yourself, your spouse and any legal representatives. The Irish system is a “no fault” system ie., the behaviour of either spouse is not taken into account other than in Orders relation to money matters eg., maintenance and property.