Help!

wedthurs

I'll try keep this as brief as possible. Marriage ended 8 years ago and I have initiated divorce proceedings. I've done it all DIY with a guy online for a small fee. He sent me all the paperwork, everything was in order and the court date was earlier this year. Before this, I hadn't heard any reply from her in regard to this. No reply to my affidavits, notice of motion, court date etc. Didn't even know if she would show up for the court date, but she did. I had everything in order, and she just said to the registrar that she had applied for free legal aid and was waiting to hear from them. He gave her a further 6 weeks to get Affidavits to me, and the second date was after that. Again, heard nothing, she showed up and said the same thing. The registrar said he would put it before a judge the next day, and it would all be dealt with.

Anyway, I've since received a letter from the court which says in a nutshell "On reading the pleadings and documents filed and on hearing evidence adduced by applicant in person, the court order that the applicant's motion is struck out with no order as to costs. And that the time for a delivery of a defence is extended by 6 weeks"

So does this mean that if I hear nothing in 6 weeks again, that I send in another motion and wait for another court date? It's extremely frustrating taking a day off work and the stress of it, just to stand up in court for 30 seconds, and no outcome. It could be a year before free legal aid is granted. All i want is the piece of paper, I'm paying half the mortgage and am not looking for anything. If anyone has any advice it would be a great help.

I don't know, but it is utterly extraordinary how Irish law permits people to drag out everything for years and how the 14-day so-called "deadlines" are 'more honoured in the breach' as my solicitor put it. Your ex can continue to abuse you for years via these deliberate delays in the court system and, at most, she'll get a slap on the wrist after delaying for months and months and, often, for years. Meanwhile, you are spending a fortune in money you don't have to defend your interests - by any standards this is financial abuse sanctioned by the current Minister for Justice who, like his predecessors for many decades, refuses to reform the family law process as the legal industry would lose a fortune if serious deadlines and penalties were imposed - and they are the most powerful lobby group in the State by a long shot.

More constructively, at 7pm tonight in Clarke's pub in Phibsboro (back room) Talk2Us will be meeting. You will definitely get great advice on this issue there from people who have experience of your specific issue. Ring Paddy, Christy or Dee on their respective numbers on this website if you want an immediate answer: https://www.talk2us.ie/

spaceHopper

She's getting advice from somebody as to how to stall things.

Next court hearing, you've 30 seconds. May I address the court. I have brought these proceeding myself, at all time I've had radio silence from the other party, who appears to have delayed as long as possible getting legal advice and applying for legal aid. At this point I would like to ask the court for clarity as when this will be resolved. I can no longer afford to pay half a mortgage while the clock is ticking on my own life. Each month that goes by dirifts in years and any mortgage or my own home drift out of my grasp. Given the delays and lack of engagement from the other side, is it permitted for me to return to the family home until it the divorce is resolved and we can both move on.