Married couples who decide to get a divorce have to go through different statutory requirements and procedures based on the different state laws.
In many states, couples have to wait a certain time before starting the divorce application process. Actually, the waiting period primarily depends on whether the divorce is consent (agreed by both the partners) or contested by a spouse.
However, if the couple is getting a divorce on the grounds of separation, they must need to be separated for specific years according to their state law. So, how long do you have to be separated before getting divorced? Well, to get the answer, keep on reading this guide.
How Long Do You Have To Be Separated Before Getting Divorced?
When it comes to ending a marriage legally in Ireland, you must meet the grounds for getting a divorce. In order to grant a divorce, you must apply to the court, and the court will look into several grounds while considering your application, one of which is the separation period and agreements.
That means you must be eligible to apply for a divorce. In this case, you can contact a family law solicitors Dublin to ensure your eligibility. Also, they can help you in the further processes of getting the divorce done without any hassle.
In Ireland, before you apply for the divorce and the court can grant your divorce, you and your spouse must live separately for at least 2 out of the previous 3 years. Before 1 December 2019, the couple considering getting a divorce must live apart from each other 4 out of the previous 5 years.
Now, what does it actually mean to “live apart” in the eyes of the law? Well, according to the Family Law Act 2019, “couples can live in the same house, but they cannot have any kind of intimate and committed relationship and cannot live together as a married couple.
The law further states that a relationship does not stop being intimate because the relationship is no longer of a sexual nature.”
Well, in this separation period, the court will set out some other rights and obligations which is called the deed of separation between the husband and wife. As part of the separation agreement, both parties must consent and abide by the terms. For example,
- An agreement to live apart
- Custody and child access
- Occupation and ownership of the family or shared home and any other property
- Maintenance and any lump sum payments
- Compensation from the debt of another spouse / civil partner
- Succession rights.
Can I Get Divorced Within A Year?
The couple can apply for a decree of judicial separation if they desire not to live separately and are unable to agree on the terms. This legal document will signify that you and your spouse are no longer committed to living together.
But, while applying for the judicial separation, make sure the application is based on any one of the following grounds-
- Intolerable behavior
- One party has deserted the other for 1 year
- The couple has been living separated for 1 year.
- Normal marital relationship has not existed between the couple.
Once applying for the judicial separation, including the necessary documentation, the judge will give the couple a date for the hearing. If all the reasons satisfy the court then you will get a decree of judicial separation.
Note: You will lose the right to remarry with a decree of judicial divorce.
There is a common misconception that the marriage will nullify if a couple stays apart for long periods of time. But no, nothing like that happens; even if a couple lives separated for more than 10 years, they will still be considered a married couple.
To get a divorce, a couple needs to go through a formal process of separation, and then you can file for the divorce to the court. Though, depending on the reasons for the divorce, sometimes it may not be necessary to live separately. However, we have already discussed how long do you have to be separated before getting divorced in this guide?
If you need any advice regarding divorce or other family law, feel free to contact us. Or, if you have any questions related to this guide, you can leave a comment in the comment box below.