either spouse can apply for a Decree of Divorce - the person applying is the Applicant
the other spouse is the Respondent
Ireland has adopted a “no fault” system in applying for divorce
the venue can be in any county where any party ordinarily resides or carries on any profession, business or occupation
either spouse must be resident in the State for one year prior to the application
the Court shall be the Circuit Court unless, the market value of any land in which proceedings relate exceed €3m and either party or any person having an interest applies to transfer it to the High Court.
(Click on the orange sub-headings for sample forms)
To apply for a divorce you must send a Divorce Petition and your original Marriage Certificate to the County Court. There is a Court fee payable of £300.00 but you can apply for an exemption from paying this fee depending on your income and capital. If you have children who are under 16 or under 18 and at school or college or training you must also fill in and send to the Court a form called a Statement of Arrangements for Children form.
It is not possible to be precise as the length of time depends on the speed with which you both deal with the Court papers and how quickly the Court process the paperwork. Where there is co-operation and everyone acts quickly you should allow for a period of 4 - 6 months from filing your Petition to obtaining Decree Absolute. The financial matters do not have to be resolved before Decree Absolute and you should take legal advice as to whether you should apply for Decree Absolute before financial matters are resolved.
Following the breakdown of a marriage, spouses are often left bewildered as to their options and rights. Recent legislative changes however, have greatly increased the number of options open to spouses following marital breakdown. A family law solicitor will go through each option in detail to ascertain which route is most appropriate for them.