1. How much will a divorce cost?

2. How long will it take?

3. How long must I be separated before I can apply for a     Divorce?

4. On what grounds can I file an Application?

5. Do I need to be present in Ireland to apply for a     Divorce?

6. Can my spouse refuse a Divorce?

7. What happens if my spouse wants to oppose the     Divorce?

8. What happens if I cannot locate my spouse?

9. What happens if my spouse and I still reside under the     one roof?

10. What if we were married overseas?

11. Do I have to attend Court?

12. Can I remarry straight away?

13. What happens if there are children of the marriage?

14. What about arrangements for children, maintenance or       property?

15. Can I revert back to my maiden name after my      Divorce? What about my children's surname?

16. Does a divorce affect my Will?

The fees will vary depending upon your circumstances.

Please contact LawPlus Family to obtain a personal quote.

It will take at least four months to obtain a final Divorce Order, longer if there are difficulties in serving your spouse. You shouldn't plan a remarriage without allowing enough time for the divorce to be finalised.

You can only apply for divorce in Ireland after you have been living separate and apart for four of the last five years.

Divorces in Ireland are no-fault based i.e. the behaviour of either spouse is not taken into consideration other than in Orders relating to money matters eg. maintenance and property

To file an Application you need to satisfy the following grounds:

	The spouses must have been living apart for a period amounting to four out of the previous five years. Both parties could be living within the same house but be living apart within separate households.
	There must be no reasonable prospect of reconciliation.
	Proper provision must be made for spouses and any dependant members of the family, such as children and other relatives.

To be able to apply for a Divorce, at the date of filing at least one spouse must be:

	an Irish citizen
	domiciled in Ireland
	resident in Ireland

If you have been separated for 4 of the last 5 years, there are no grounds to oppose a divorce.This is not to say that you cannot oppose the financial terms sought in the Court documents filed as part of the divorce proceedings.The applicant must make proper provision for the other spouse.

Your spouse must file a Defence and Counterclaim to your application and serve it on you. If a Defence has been filed both of you must attend the hearing.

If you do not know the whereabouts of your spouse, you can apply to the Court for the divorce to go ahead. However, you must show the Court that you have tried to contact your spouse. If this is necessary, it will take longer to get the divorce and will cost a little more.

It is possible to prove separation even if you still live in the same house as long as elements of separation are present. The action of separating must involve an open and complete break from the marital relationship and may include:

	the ceasing of sexual activity
	living in separate rooms
	operating separate bank accounts
	not sharing meals
	not providing household services
	not sharing mutual entertainment inside or outside the home
	not representing to relatives, neighbours or friends that the marriage is continuing

If the parties contend that they have separated even though they still live under the one roof they may have to give the court evidence of this.

You can apply for divorce if you were married overseas as long as either you or your former partner

	are Irish citizens, or
	domiciled in Ireland on the date of the commencement of the Divorce proceedings, or
	have lived in Ireland for a year before commencing Divorce proceedings.

You will need a copy of your marriage certificate. If your marriage certificate is not in English, you will need:

	an English translation of the marriage certificate, and
	an affidavit from the translator which:

- states his or her qualifications to translate

- attaches a copy of the marriage certificate

- attaches the translations

- states that the translation is an accurate translation of the marriage certificate

- states that the attached copy of a marriage certificate is a true copy of the marriage certificate translated.

Generally only on the day the divorce decree is granted. Otherwise we will attend for you. If you have children, it is sometimes better if you do attend. We will advise you about this when we know your individual circumstances.

It is illegal to remarry before the divorce becomes final. To do so is an offence (bigamy) and the second marriage is not legal. Your Divorce will not become final until the divorce decree is granted and perfected.

Where there are children of the relationship under the age of 18 (or 23 if attending a third level institution) the court will not grant a divorce unless proper arrangements have been made for their care and welfare and those arrangements have to be explained to the Court. We will advise you about this.

The granting of a divorce must give due consideration to issues of children, maintenance or property. In any divorce the courts primary concern is with the welfare of the children.

You can use your maiden name even before your divorce if you want. Changing your children's names is more complex; we can advise you about that if you wish.

Almost certainly it does, as any gift in a Will to a spouse becomes invalid on divorce. You should seek our advice about a new Will.

To talk to a family law specialist about any of these issues contact LawPlus Family today.