Family law question..

Robert2012

Hi, I have had a look in this forum for an answer to my query and haven't seen one, so forgive me if it has been covered before.

I am currently separated from my wife and proceeding to divorce. It has been amicable so far, and I was under the impression that we had agreed all the relevant issues.

On Thursday last, I received a letter from her solicitor that a Motion for Judgement in Default of Appearance is listed for next Thursday in the circuit court. However, one of the issues to be addressed regarding property issues is not what we had agreed.

Because things were amicable, I have not instructed a solicitor so far. It had been my intention to attend the hearing, and not contest the case. However, I have now been blindsided by the fact that this property issue will be on the agenda, and I realise now that I will have to seek legal advice. I am currently not working, and will have to apply for legal aid, which I understand is a long process.

My question is, how do I postpone the hearing next Thursday, and have it re-listed until I have legal representation? Can I write to the court registrar informing them of my situation? What is the best course of action for me to take at this stage, bearing in mind that it is 5 days before the court case?

Sorry if I'm being a bit long-winded here, but I really am at my wits end, and I would appreciate any suggestions that anyone has here.

ABajaninCork

I'd call and write to the court. Tell them you're seeking legal advice and could the case be adjourned pending that advice.

Meanwhile - Try to get at least an initial consultation with a solicitor. Most won't charge for one. Get an appointment with someone at FLAC too. They offer free legal advice and might be able to point you in the direction of a suitable solicitor.

Brownhead

Go into the court on the day and explain what has happened. It is almost certain the judge will give you time to sort yourself out.

hullaballoo

Do not write to or call the Court, that is completely inappropriate. You have been told to appear to answer a case, so appear.

These things are not set in stone, but it is likely the Court will give you time to get legal advice and have someone represent you. You may not be entitled to legal aid. Also, as it is a civil matter (as opposed to criminal), securing legal aid can be lengthy and the Courts only have limited patience.

Your best bet is to talk to a decent solicitor and see if they will agree to represent you given your financial circumstances.

Robert2012

Thanks to all who replied here, you've been very helpful.

I am going to apply for legal aid tomorrow, and I will appear in court on Thursday and ask for a postponement pending legal representation.

Just as a point of the etiquette in the court, can anyone suggest at what stage is it appropriate for me to actually ask for the postponement?

hullaballoo

Robert2012 wrote: »

Thanks to all who replied here, you've been very helpful.

I am going to apply for legal aid tomorrow, and I will appear in court on Thursday and ask for a postponement pending legal representation.

Just as a point of the etiquette in the court, can anyone suggest at what stage is it appropriate for me to actually ask for the postponement?

Even seasoned professionals get this wrong, but you're best bet is to identify yourself to the judge when the case is called (by the registrar). Address the judge as "judge", do not use "your honour" (that's USA) or "my lord" (that's Game of Thrones).

Depending on the judge, you will either be asked directly what you have to say, or you will have to wait until the other party has finished. Because you are representing yourself at the moment, you will probably be asked to speak first. Either way, you just state that you are in the process of finding a legal representative and that you respectfully ask that the matter is adjourned for a number of weeks to allow you to enter an appearance.

An "appearance" is a formal document that has to be filed in the Court office. Usually, your solicitor will do this for you. However, if you cannot get a solicitor to represent you in time, you may have to file it yourself.

Generally, just make sure you pay full attention to what the judge says. Take a note, if possible. The judge may require you to do something and you might not be sure what you need to do. If you have a note of the words at least, a lawyer might be able to make sense of it.

Obviously, don't interrupt the judge or the other party's representative. If you feel the need to correct something that is said in Court, you must wait until it is your turn. If the other party's representative interrupts you, you are entitled to keep going and point out that you think the interruption is inappropriate.

I hope some of the above is useful to you.

Robert2012

Thank you very much for the advice hullaballoo, I will do as you suggest.

twowheeler

I've been following this thread as I am currently making an application for marital judicial separation.

I am looking for a good solicitor who may represent me as my wife is not willing to discuss an agreed separation. I am currently unemployed (despite high qualifications and experience) and would appreciate if anyone could suggest a solicitor or firm with a proven record and have reasonable costs.

I have applied to the legal aid board and was approved for legal representation in early June this year. I am to expect a 4-month waiting list. My question is, is legal aid representation adequate in court or is it as good as paid representation?

Many thanks

McCrack

You will be legally represented by a qualified lawyers under legal aid. Think of it like going to see the doctor with a medical card. The State pays your fee.

twowheeler

McCrack,

Thanks for reply. Sounds like legal aid representation can be as good as any paid one. My worry would be that legal aid may not attract sufficiently rigourous solicitors.

Pro Hoc Vice

twowheeler wrote: »

McCrack,

Thanks for reply. Sounds like legal aid representation can be as good as any paid one. My worry would be that legal aid may not attract sufficiently rigourous solicitors.

It's a common misconception in criminal legal aid for example all the most experienced solicitors and barristers practice in the legal aid system. In family law any solicitor working for the board does nothing but family law and any private practice solicitor who is on the private practice scheme and barrister instructed by the board will be a person who works a lot in the area.

December2012

ABajaninCork wrote: »

I'd call and write to the court. Tell them you're seeking legal advice and could the case be adjourned pending that advice.

Meanwhile - Try to get at least an initial consultation with a solicitor. Most won't charge for one. Get an appointment with someone at FLAC too. They offer free legal advice and might be able to point you in the direction of a suitable solicitor.

Just so you know, FLAC are not allowed to recommend a specific solicitor.