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Specific Questions About Divorce...

  • 16-01-2019 07:05AM
    #1
    fieldsforever
    Registered Users, Registered Users 2 Posts: 29 ✭


    I married someone who soon after marriage, left me destitute. Communication on things legal were always smooth and quick but now that we are eligible for divorce, he has not communicated with me. I tried text, phone call, e-mail to no avail.

    The thoughts/questions that are going through my head are....

    1. If he does not respond, will court proceedings take longer than usual for a divorce without children, property, and such? I do not have proof of abuse, but he has threatened me, threw objects at me, left me destitute, and now has two children with another woman in the course of five years, last known address for him is over three hours away from where I live. Would that affect the judge's decision if the estranged husband does not respond? I mean, he was all for divorce and messaged me about wanting divorce/not caring about me but now that it is time to actually do it, I can't get a hold of him.

    2. Is it possible if he mails the address he knows I do not live in for divorce proceedings, that he could be granted divorce without me being present due to me being unaware of mail ever being sent? Is it possible that I could be divorced right now without even knowing it? If so, where would I go to find out about this? We did go to court at one stage but I put my old address, as known and accepted by the court, because I do not feel comfortable with him knowing my address due to threats to harm me physically. I did inform him/still have the e-mail to prove it, that the address on the court documents are not the same as my true address and to not send legal documents over there, that if he has any legal documents to give to me, to e-mail me about it and that I would contact my solicitor to see if he would be okay with documents being sent to him instead.

    I am looking for a family law solicitor, however, these two sets of questions have been running through my head. It is unusual for my estranged husband to not want to speak of divorce, but then again it is possible he only spoke of divorce so willfully in attempt to get a rise out of me and is not speaking about it now with similar intent. Could be as innocent as he is waiting for legal aid though all I've asked is if he would be okay with divorce proceedings to begin some time soon and when it does happen, would he rather divorce in the county I live in or the county he lives in?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,278 ✭✭✭✭Peregrinus


    1. Court proceeding sill take longer if he does not respond, or fails to engage with the proceedings as they go on. This will increase the aggravation factor for you, but it won't stop the proceedings or change the eventual outcome.

    2. If you have been concealing your address from him it's possible, if perhaps not very likely, that he has already taken court proceedings that you do not know about. If you can't contact somebody and you can convince the court that it's because they are trying to be not contacted, the court will allow you to "serve" proceedings by, e.g, placing ads in newspapers, or sending copies to people likely to be in touch with you. To be honest, this being Ireland, you'd probably have heard at second hand if he was doing this, but it's possible that he did it and you never heard.
    Check with the people who are at the address you think he wold have used if anything came for you. Or you could check with the courts.


  • #3
    fieldsforever
    Registered Users, Registered Users 2 Posts: 29 ✭fieldsforever


    Peregrinus wrote: »
    1. Court proceeding sill take longer if he does not respond, or fails to engage with the proceedings as they go on. This will increase the aggravation factor for you, but it won't stop the proceedings or change the eventual outcome.

    2. If you have been concealing your address from him it's possible, if perhaps not very likely, that he has already taken court proceedings that you do not know about. If you can't contact somebody and you can convince the court that it's because they are trying to be not contacted, the court will allow you to "serve" proceedings by, e.g, placing ads in newspapers, or sending copies to people likely to be in touch with you. To be honest, this being Ireland, you'd probably have heard at second hand if he was doing this, but it's possible that he did it and you never heard.
    Check with the people who are at the address you think he wold have used if anything came for you. Or you could check with the courts.


    The last address I had was in a building full of junkies so I do not want to go back, I doubt the atmosphere at that apartment complex has changed. I am going to go to the post office in that town and get mail forwarded to my current address, if I still can. I mean, I moved from there two years ago but didn't get mail readdressed. Mostly because I wasn't receiving much mail anyway. Would any court know of any proceedings that were made, even if in a different part of the country? He lives in a different county than me. Thank you for the answers.


  • #4
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    This is blatant trolling for legal advice and banned.


  • #5
    fieldsforever
    Registered Users, Registered Users 2 Posts: 29 ✭fieldsforever


    I am not seeking legal advice on boards. Rather, I am just curious to know if divorce could take longer if the spouse can't get in contact with the other spouse.


    Also, how could I find out if someone already started proceedings without my knowledge? Like, if he sent stuff to my old address without me knowing? Is there a way to find out online, would it have to be the circuit court in the county he lives in, could I find out from the circuit court in the county I reside in?

    I am unfamiliar with how things work in Ireland is why I am asking these general questions. I am meeting a solicitor to help me fill out the paperwork and to brief me on what we are going to do in regards of not being able to get a hold of him/confirm his address. I'm not asking those things here.


  • #6
    FishOnABike
    Registered Users, Registered Users 2 Posts: 4,784 ✭✭✭FishOnABike


    Legal proceedings would usually have to be in the Circuit Court where you or your ex live or work so you might have to check a number of Circuit Court offices to see if any Divorce proceedings have already been initiated.

    How that might be done without already knowing and having a record number for the court office to search I don't know.

    I suspect a vague query 'have any family law proceedings for {some variation of his name} v {some variation of your name} is not likely to meet with much success.

    Your family law solicitor should be able to advise if your circumstances meet the legal requirements for divorce. If you are ready to proceed it probably makes sense for you (your solicitor) to have the necessary legal documents issued, served and filed.

    If you are uncertain of your ex's current address your solicitor can advise on the best way to serve the documents (registered post, personal service, substituted service, ... ) to satisfy the Court.

    Court lists are long and it can take a number of adjournments (both on the county registrar's list and then on the judge's list) before there is a substantive hearing so take this into account when considering where proceedings are filed.

    Ideally if you can both cooperate and agree terms then a divorce by consent can be very quick once it gets to an actual hearing. Obviously the more contentious things are the more long and drawn out proceedings can be.

    Best of luck OP.


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Closed for mod review.
    Poster should consult a solicitor


This discussion has been closed.
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