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Long drawn out process

  • 24-06-2013 7:32pm
    #1
    Registered Users Posts: 78 ✭✭


    Hi guys ,

    I've previously posted in this forum so if you want to know my story here it is

    http://touch.boards.ie/thread/2056563559/2/#post79529558

    I wanted to start a new thread as proper legal proceedings have started and I have a few questions. Well when I say started I filed my papers for divorce last November and my ex only responded last week meaning I will have to wait till next year to get a court date. Anyway these papers include our Affidavit of means. My ex has made some ridiculous claims about her outgoings and things she has spent her own money on, especially at the time of separation when we were finishing a new house. Most of this money was mine, now I realise that this money would be considered "joint" funds as we were together when the money was deposited in our joint account but I can't believe she is claiming that the money came out of her pocket . My question is really does any of this matter?!?!? When we get to court will any of this be discussed ? Who put in more money? ( i did by the way!!!!) I've never missed a maintenance payment . Will all her antics be discussed at all ? Does anyone have experience of the court process, ? I'd just like to know how much I have to look at the records and statements to show she is lying . I might be a bit naive but will either of us be question during court proceedings?


Comments

  • Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    southeastg wrote: »
    Hi guys ,

    I've previously posted in this forum so if you want to know my story here it is

    http://touch.boards.ie/thread/2056563559/2/#post79529558

    I wanted to start a new thread as proper legal proceedings have started and I have a few questions. Well when I say started I filed my papers for divorce last November and my ex only responded last week meaning I will have to wait till next year to get a court date. Anyway these papers include our Affidavit of means. My ex has made some ridiculous claims about her outgoings and things she has spent her own money on, especially at the time of separation when we were finishing a new house. Most of this money was mine, now I realise that this money would be considered "joint" funds as we were together when the money was deposited in our joint account but I can't believe she is claiming that the money came out of her pocket . My question is really does any of this matter?!?!? When we get to court will any of this be discussed ? Who put in more money? ( i did by the way!!!!) I've never missed a maintenance payment . Will all her antics be discussed at all ? Does anyone have experience of the court process, ? I'd just like to know how much I have to look at the records and statements to show she is lying . I might be a bit naive but will either of us be question during court proceedings?

    Even if you aren't asking for legal advice here OP (that's up to the mod's ) - I honestly think a solicitor would answer the kind of queries you have much better than any of us . Btw are you four years separated ?


  • Registered Users Posts: 78 ✭✭southeastg


    desbrook wrote: »
    Even if you aren't asking for legal advice here OP (that's up to the mod's ) - I honestly think a solicitor would answer the kind of queries you have much better than any of us . Btw are you four years separated ?

    Not looking for legal advise just anyone with a similar experience sometimes solicitors can be more like politicians . I suppose they have to be careful about any predictions . We are seperated 2 and half years.


  • Registered Users Posts: 165 ✭✭spokesman


    Hi, when you were separated, did you not sort out who owns what,gets what?

    If you first got separated, this is where assets are sorted. If so, when you get divorced, you cant re-visit assets, that is my experience anyway. You need to get all the receipts, paperwork etc that you can, regarding any monies that need sorting, but normally if their is no kids, its straight down the middle.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    southeastg wrote: »
    Not looking for legal advise just anyone with a similar experience sometimes solicitors can be more like politicians . I suppose they have to be careful about any predictions . We are seperated 2 and half years.

    You have to be separated four years before you can apply for a divorce???


  • Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    athtrasna wrote: »
    You have to be separated four years before you can apply for a divorce???

    Some people " bend " the truth. Very dangerous imho - in theory can invalidate a divorce down the road.


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  • Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    desbrook wrote: »
    Some people " bend " the truth. Very dangerous imho - in theory can invalidate a divorce down the road.

    As well as invalidating an OP think about it a second - you are committing fraud on a court - that never ends well.

    Mod Note: OP at this stage though before this thread descends further down this road, where we would have to start taking moderator action I feel it safest to close this thread and sincerely wish you all the best with your legal proceedings.

    As noted in the first response we cannot issue legal advice here and since you are now in that process it would be best to only seek advice from your solicitor without potentially revealing yourself here.

    Taltos


  • Registered Users Posts: 78 ✭✭southeastg


    http://touch.boards.ie/thread/2056978544/1/#post85360171

    See the above bloody thread to see what I am talking about . In all fairness I was asking for someone who had been in my position to let me know how things went for them. I was NOT asking for legal advice as I know full well it is not offered on boards. Then some moron starts talking about fraud and accuses me of lying , if you don't understand the process then don't jump to conclusions . I poster questioned

    "You have to be separated four years before you can apply for a divorce???"

    No you apply for a judicial separation ,which is what I'm doing , after a year of separation and then four years later you can get your divorce . The divorce process begins after a year with the judicial seperation agreement .


    From the moderator

    ""As well as invalidating an OP think about it a second - you are committing fraud on a court - that never ends well."


    The following morons took a huge leap of faith and assumed I was trying to apply for a divorce under false pretenses .
    After a year of seperation you can apply for a judicial seperation , four years after this you can get a divorce !!!! This fours years I was told was something the Church fought for. So legally after the judicial seperation is finalised after the first year of seperation you are seperate legal entities , you simply cannot remarry until you get the divorce papers.

    FRAUD!!!! What are you people talking about!!?!!!! Then the moderator closes the thread. This is ridiculous !!!! I appreciate that the moderators give their advice freely and it is appreciated but for the love of god that's a joke.


  • Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Re-opening at the request of the OP after consultation with my co-mods.

    Few points of clarification - no more discussion on term to divorce.
    Keep it civil - OP calling posters here trying to help you "morons" will result in an immediate ban, please don't repeat it or similar.
    Finally if anyone has an issue with a moderator or mod direction please follow the process laid out in our charter - please contact the mod directly, or if required escalate to the co-mods/category mods. Using a thread to dispute is not the correct approach and like all charter breaches can result in moderator action being required.


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