1. What do I do if I need legal assistance regarding maintenance, access or guardianship issues?
The first thing you need to do is to attend at the District Court office local to the residence of the child and make an application for the matter in question. Once you are in receipt of your Summons you should contact our office (we are on the Legal Aid Board panel for District Court Family Law) and we will make an immediate appointment for you to attend and advise in full what will happen in Court on the day and prepare your case for Hearing.
2. How do I know what proceedings to issue, Judicial Separation or Divorce?
The Law in requires that parties be living separate and apart for a period in excess of 1 year prior to issuing Judicial Separation Proceedings and four years prior to issuing Divorce proceedings. The length of time you have been apart will determine which proceedings you should issue.
3. If I get a Judicial Separation can I apply for a Divorce once the 4 years have passed?
Yes. Once the 4 year period has passed you can apply for Divorce. This will usually be ruled in the terms of the Judicial Separation Order of the Separation Agreement and therefore is a much more straightforward application
4. Does the matter always need to go to Court?
No. At JMSD & Associados & Co. we endeavour to deal with family law matters outside of the Courts as much as possible in an effort to deal with your case as efficiently and cost effectively as possible. We are also very much aware that this is an extremely difficult time for all parties involved and we encourage mediation and Separation Agreement prior to bringing any applications to Court.
5. Will I require a Solicitor and a Barrister and why?
For District Court matters your Solicitor will be in a position to attend to same. For any Circuit or High Court cases we will be happy to recommend the most appropriate Barrister for your particular case.