Getting a divorce is expensive, time-consuming, as well as emotionally draining, and stressful. Therefore, often many couples don’t want to hire a lawyer and reveal their private issues in front of others.
In that case, they were left wondering, can I get divorced without a lawyer?
Well, if the divorce is mutually agreeable, uncontested, both the husband and wife have full consent on the divorce terms and have proper preparation, then you can get a divorce without requiring a lawyer.
By doing so, you can save money as well as complete the divorce process quickly and efficiently. So, if you are interested in getting a divorce on your own, read on for more information.
Can I Get Divorced Without A Lawyer?
When couples are looking for a divorce, they often ask a common question: Can I get divorced without a lawyer?
Fortunately, in Ireland, you can represent yourself in court in your divorce proceedings and get the divorce without hiring a lawyer. But before that, you need to make sure that you have met the grounds to get the divorce. For example, –
- You and your spouse are living apart from each other for 2 out of the previous 3 years.
- While applying for the divorce, either you or your spouse are living permanently in Ireland.
- Both of you agree that there are no reasonable prospects of getting back into the relationship again.
- You and your spouse have made or are going to make proper arrangements for the dependents like the spouse, children, grandchildren, or any other family member.
Now, you need to find out if a DIY (Doing it Yourself) divorce is right for you or not. For your convenience, we are sharing some situations which will help you to understand if you can get a divorce without the help of any lawyer.
- Both of you are on good terms, and you have decided to divorce each other mutually.
- You and your spouse agree to all or most of the terms of the divorce.
- If the husband and wife don’t own a lot of property together.
- You both are well knowledgeable about all the family finances, like the family’s assets and debts, and everything is fairly simple.
- There is a proper agreement on issues like property division, custody, support, etc.
- If you have no children, or both of you have already agreed on a shared parenting schedule for your child and are able to communicate about their needs.
- There is no need to depend on others for financial support.
- Both of you have enough time to research the state’s law, gather documents, and finally follow through with the court proceedings.
- When you have no pensions or retirement plans to distribute and no history of domestic violence in marriage.
Note: When getting a divorce, you may face some complex issues which will make it difficult for you to move forward without the help of a professional. In addition, if you and your spouse have disagreements, it is highly recommended to hire family law solicitors Dublin.
Lastly, if your spouse hires a lawyer, make sure you do the same. Otherwise, it will not be too difficult for the other party to cause you potential loss.
How To Get A Divorce Without A Lawyer
Now that you know you can get the divorce on your own let’s have a look at how you can proceed to make things absolutely error-free.
Sort Out The Big Issues
If everything fits your situation, consider how the following assets are distributed and determine the rights before you go through the process of divorce on your own.
- The division of property,
- Spousal rights and support,
- Child custody and visitation rights,
- Pensions, and
- Family home.
Preparing for Divorce Proceedings
When you are going to make the application for your divorce, make sure you have the following documents.
1. A Family Law Civil Bill: This form will include all the descriptions about you and your spouse, your occupation, your marriage dates, separation agreement, grounds for divorce, and where both of you are living. Also, it will describe for how long both of you are living apart and the children’s information.
2. The Respondent Confirmation: The opposite party must confirm that he or she received the divorce application copy and consent to the application. In that case, if the opposite party doesn’t want to attend the hearing, then they must confirm this on the affidavit.
3. Affidavit Of Means (Form 37a): This document will state both the party’s financial position, including all the income, assets, debts, liabilities, and outgoings.
4. Affidavit Of Welfare (Form 37b): In the case of dependent children, you and your spouse should provide the affidavit of welfare which will include-
- Children’s education and training
- Childcare arrangements
- Maintenance and access arrangements
Here, the respondent can file a short affidavit to confirm that he or she agrees with the applicant’s statement.
5. Original State Marriage Certificate: if your marriage certificate is not in English or Irish, you may need to provide an official translated marriage certificate.
6. Notice Of Motion And Affidavit: In the notice of motion, you need to request the court to consider and rule on your application including an affidavit that will confirm that both of you have followed the rules to get the divorce.
Also, make sure to outline the final agreed terms of your divorce. If you are confused about the required forms, you can contact your local court office to get the appropriate forms to use.
7. Other Documentation: Based on the situation or circumstances, you may also require submitting some other documents.
After submitting the documents, the court will give you a date for a hearing. And after the hearing, the judge will provide you with the divorce decree.
So, we hope you get the answer to “can I get divorced without a lawyer?”
Initially, getting a divorce without hiring a lawyer seems like a great idea. But when you get involved in the process, you may find it really overwhelming. If anything goes wrong, it can be really costly.
Therefore, it will be a great idea to get the family law solicitors Dublin free consultation and determine the circumstances of your case by professional and helpful guidance.
So, here we are ending this guide. Do you have any further questions regarding getting a divorce without a lawyer? If so, don’t hesitate to contact us. Also, you can leave your queries in the comment section below.