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Motion for Divorce

I applied for a divorce...

I applied for a divorce back in September 2012. I filed a Civil Bill, Affidavit of Means, Affidavit of Welfare and copies of my deed of separation agreement and marriage cert with local circuit court office. My ex-husband is not contesting and has sent a consent letter to the Courts office. As I heard nothing back I contacted the courts office today and was told that in order for it to proceed any further I need to put a motion before the court for the case to be heard – the lady told me all info is on courts.ie website but I can't find anything. From previous conversations with courts office staff I understood once I had filed everything I would be sent a date for court appearance. How do I put a motion before the court - is there another form I need to fill up?

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Answered in 12 hours by:
1/8/2013
Wendy-Mod
Category: Republic of Ireland Law
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Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

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Customer reply replied 4 years ago


Hi Wendy,


Yes, I would like to continue searching for an answer.


 


Thanks.


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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,722
Experience: Barrister 17 years experience
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1. Essentially what you need to do is to file a Notice of Trial in the circuit Court office. This is a standard form document which you issue in the Circuit court office and serve on your husband. This is the means whereby a case listed in the Circuit court is brought on for hearing. If you need to see a copy of a Notice for Trial, ask the County Registrar or Registrar in the Circuit Court office to show you one and then use this as the precedent for your own Notice of Trial. Once you have issued a Notice for Trial, then the case will takes its place in the list of cases for hearing. The case will then be heard within a matter of weeks.
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Customer reply replied 4 years ago


Thanks. I have found the notice of trial (form 15A) online. How do I get a date for trial to insert on this or do I just select one from the dates the hearings are on?


 


 

2. There is no date for trial in a Circuit Court Notice for Trial as the Circuit Court office notifys you of the date after you have issued and filed your Notice for Trial. I don't know what form you are using, but the Notice for Trial should simply be stating that the matter is ready for trial and a date for trial is being sought.
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Customer reply replied 4 years ago

There is a date required on the form 15A Notice for Trial - see attached. If this is not the correct form could you send a sample please?

Attachment: 2013-01-08_141209_form_15a_notice_of_trial.pdf

3. This is a Question and Answer forum. If you want a lawyer to do your papers for you, then hire a solicitor or barrister and they will do the papers for you. I told you in my previous reply how you get a precedent for what you want. I am not going to send you any precedent as there is no lawyer and client relationship here.
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Buachaill
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