T.R | Title | User | Personal Name | Date | Lines |
---|
47.1 | Ireland? | CLOVE::GODIN | You an' me, we sweat an' strain. | Wed Apr 25 1990 07:55 | 4 |
| Bernard, this may be a dumb question, but would it be possible to get
the divorce in Ireland, since that's where your wife and children are?
Karen
|
47.2 | Just separation | USEM::MCQUEENEY | Texas bound! | Wed Apr 25 1990 09:32 | 6 |
|
Unless they've changed recently, there is no "divorce" in the
Republic of Ireland.
McQ
|
47.3 | | ONEDGE::FARRELL | The Hacker...coming to a node near you | Wed Apr 25 1990 09:42 | 22 |
|
Re the last 2.
Ireland (being predominantly Catholic-run) has some very
'interesting' laws.
There is no legal concept of divorce (or separation, come to that).
However, in the interests of co-operation with other countries
Ireland will recognize oversea divorces where one of the parties
remains overseas.
Therefore we cannot legally get divorced in Ireland, but you can if
we get divorced in the US and I remain here !!
I suspect the Irish laws WILL have to change, but I'm not holding my
breath. The current situation means that people who separate and
remarry are officially bigamous (though the State turns a blind eye)
and have problems with inheritance if there are offspring from both
marriages.
Bernard.
|
47.4 | Sorry. | FENNEL::GODIN | You an' me, we sweat an' strain. | Wed Apr 25 1990 11:21 | 8 |
| Knowing the predominantly Roman Catholic environment of Ireland, I
thought my question might be dumb. Maybe I was hoping that church and
state weren't quite so completely intermingled.
Sorry, I don't have any information about State-side alternatives for
you.
Karen
|
47.5 | keep it handy | CSC32::HADDOCK | All Irk and No Pay | Wed Apr 25 1990 15:57 | 4 |
| If you are a non-custodial parent. You want jurisdiction for
the divorce in *your* area. Otherwise, you're the one who has to
travel if anything like child support comes up again.
fred();
|
47.6 | usually need to establish "residency" | 2144::HOWER | Helen Hower | Thu Apr 26 1990 13:49 | 11 |
| I believe the requirement to get divorced in a particular place is that you
be a "resident"; however, the length of time required to attain that status
differs from state to state. Assuming you aren't planning to move out of MA
anytime soon :-) what you're looking for is a state with a very short
'residency requirement' - and of course a more reasonable attitude toward
support negotiations than MA has!
FWIW, I think I recall that NH, required you to have lived here for a year, or
at least this was true several years ago.
Helen
|
47.7 | Mass. judges will allow your mutual agreement | AKOV11::BBLANCHARD | | Fri May 11 1990 10:14 | 41 |
| In the state of Mass., if you and your spouse can agree on the terms of
the divorce, including support for the kids and division of the
property, you can then either hire an attorney to file the proper
papers, or file them yourself if you have the proper forms and
understand how the court system works. If adequate provision is made
for the kids, and both parents appear before the judge and are in
agreement on the property division and support, the judge will normally
ask both parties if they understand the agreement, and if he finds they
do understand what they are signing etc., will rubber stamp the
agreement and grant the divorce. I was divorced in Mass. in 1986,
after a 4 year seperation. My Ex and I had divided our property at the
time we seperated. I hired an attorney, and had him represent both of
us. I was not asking for any child support for my 11 year old son at
that time, and had not asked for or received any during the seperation.
The attorney informed me that the judge would not grant us a divorce
after 15 years of marriage, with a child, without my including in the
agreement some monetary support from the non-custodial parent. Based on
that, I was told that $40.00 per week would probably be acceptable to
the judge, and If I chose not to make my Ex pay the $40. that was my
business. I had the agreement typed up to include $40. per week, with
an annual cost of living increase, which the attorney also recommended.
My husband and I went before the judge in Concord, he asked us if we
understood the agreement, and granted the divorce with no changes to
our agreement. It cost me $800.00 for the attorney at that time, but my
Ex refunded half that amount. 2 years after the divorce I decided to
build a house, and asked my Ex if he would start paying the $40. so
that I could afford the house. He has been paying for the past two
years, first $160 per month, and now has increased that to $200.
because he felt it was low. I should point out that my ex and I have
always managed to resolve all issues ourselves, and cooperate
completely as parents of our son. I would not recommend this course
unless both the custodial and non-custodial parents are able to get
along in the best interests of the child and resolve all issues
themselves.
It sounds as if you and your wife have some type of understanding, and
that she does not really want to hurt you, but needs help from you
supporting your kids. If you two can work together and agree on all
this, it is a very good way to handle things.
Good Luck!
|
47.8 | Mediation | SCAACT::COX | Kristen Cox - Dallas ACT Sys Mgr | Fri May 11 1990 10:55 | 15 |
| In Texas, if you divorce and have children, mediation is required (Dallas
County, at least). This is new, since 1988 I believe. No lawyers are allowed
at the mediation, and the mediator helps the two people to come to an agreement
without the persuasion of attorneys. Then the mediator writes up the agreement
and sends it to the court, and to both attorneys. (This does not include
child support, but does include property and mostly visitation)
If you get to court and change your mind on that agreement, the judge frowns
on the attorneys because s/he knows that the attorney manipulated the situation,
and that you were agreeable without the attorney.
I think this is a good idea - it got my husband a much more liberal visitation
than what her lawyer was proposing...
Kristen
|