No Response To Divorce Civil Bill

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dublinwoman72

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Through my solicitor I have served my ex husband with a Divorce Civil Bill more than 2 months ago. My solicitor has confirmation of receipt of the civil bill as it was sent by registered post. The circuit family court have confirmed that he has put in no response. We were previously judicially separated some years ago. My solicitor is now suggesting that we go straight to a Motion of Judgement in default of appearance and defence.

I am just wondering if this means that we go straight to a divorce hearing in front of a judge or a divorce is put through automatically?

If my husband decides to now suddenly engage, can he halt the above, and we're into the long drawn out case progression hearings etc pathway?

Thank you for any advice
 
IANAL
Divorce hearing has to be in front of Judge.

Not to speak for your solicitor, but I think if you ask I suspect they would be very surprised if you got judgement in default. The point of the motion is to put a bit of pressure on the other party to get a move on.
 
Plus 1 to Thirsty's post.

"If my husband decides to now suddenly engage, can he halt the above, and we're into the long drawn out case progression hearings etc pathway? "

Maybe he just does not care enough to engage at any level?

You're into a long drawn out process anyway- Covid has knocked the court lists back months, if not years.

If somebody wants to act the maggot, they will. Many of my cases are done by agreement - current settlements are being given dates for online hearing in Dublin.

The difficult ones, where there is resistance or maggoty behaviour- usually a combination of both- are delighted with the Covid Court closures.

As I say, if they did not want to play nice with me before, they have no intention of doing it until we have a degree of normality and the pressure of a Court date looming.

Be guided by your solicitor.

mf
 
It's a constitutional issue. The court must be satisfied that the conditions set out in the divorce referendum have been met, eg separation, no possibility of reconciliation, proper provision, etc. Even if both parties agree, the Court must still have evidence that these conditions are met. It can't just issue a decree of divorce on consent.
 
Thank you. That's very clear that there will always be a divorce hearing. I suppose my question is now does it go straight then to a divorce hearing regardless of what he does next, or if he suddenly engages, we are down the normal channel for contested divorces of case progression hearing(s) etc
 
The best advice I can give you is that in 'normal' times you should expect this process to take c.18 months or so.

As mf1 has pointed out, these are not normal times.
 
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