Hello
I am just wondering how the process for a Circuit Court divorce by consent works. I am judically seperated over 4 years. I went into the public desk at the courts service in Smithfield but came away more confused!
This is my understanding of the process, but please correct me.
1. The applicant (me) completes a Family Law Civil Bill / Affidavitt of Means & Welfare both witnessed by a solicitor
2. I bring these into the circuit court office in triplicate along with marriage cert, they retain a copy, I retain a copy and I serve a copy on my wife by personal service. I then complete an Affidavitt of Service witnessed by a solicitor and submits these to the circuit court office. There is no mention in the circuit court list of the "No possibility of reconciliation " document- has this been dropped?
3. My wife (the respondent) has 10 days to enter a defence. (after this I'm a bit lost..)
4. Assuming she does not enter a defence, I then lodge a notice of motion for agreed terms & an accompanying grounding affidavitt ?
5. Both of us then submit a copy of the original consent terms from the judical seperation signed and witnessed by a solicitor (each submits their own copy or one joint copy??)
6. My wife has to submit her own affidavitt of means witnessed by a solicitor to the court (do I see this?)
7. Once all these documents are received by the Circuit Court Office, they then give a date for a court hearing
8. Both parties have to attend the court hearing. At any stage, including in court on the day , my wife can decide to contest the divorce if she changes her mind?
Thank You in Advance for help. I am planning to get further legal advice and unlikely I would "go it alone" as outlined above, but nevertheless I am trying to understand the process.
I am just wondering how the process for a Circuit Court divorce by consent works. I am judically seperated over 4 years. I went into the public desk at the courts service in Smithfield but came away more confused!
This is my understanding of the process, but please correct me.
1. The applicant (me) completes a Family Law Civil Bill / Affidavitt of Means & Welfare both witnessed by a solicitor
2. I bring these into the circuit court office in triplicate along with marriage cert, they retain a copy, I retain a copy and I serve a copy on my wife by personal service. I then complete an Affidavitt of Service witnessed by a solicitor and submits these to the circuit court office. There is no mention in the circuit court list of the "No possibility of reconciliation " document- has this been dropped?
3. My wife (the respondent) has 10 days to enter a defence. (after this I'm a bit lost..)
4. Assuming she does not enter a defence, I then lodge a notice of motion for agreed terms & an accompanying grounding affidavitt ?
5. Both of us then submit a copy of the original consent terms from the judical seperation signed and witnessed by a solicitor (each submits their own copy or one joint copy??)
6. My wife has to submit her own affidavitt of means witnessed by a solicitor to the court (do I see this?)
7. Once all these documents are received by the Circuit Court Office, they then give a date for a court hearing
8. Both parties have to attend the court hearing. At any stage, including in court on the day , my wife can decide to contest the divorce if she changes her mind?
Thank You in Advance for help. I am planning to get further legal advice and unlikely I would "go it alone" as outlined above, but nevertheless I am trying to understand the process.