Considering a separation or divorce is never easy. Whether you’re just starting to explore your options or have already made the decision to move forward, it’s completely natural to have questions — about the process, your rights, and what life might look like afterward.
Below, we have answered some of the most common questions people have when first considering separation or divorce. These answers are intended to provide a general overview and do not constitute legal advice. We strongly recommend speaking with a family law solicitor to discuss your individual circumstances.
- Understanding Divorce: Where Do I Begin?
What’s the difference between separation and divorce?
A separation means you and your spouse are living apart but remain legally married. A divorce legally ends the marriage, allowing both parties to remarry in the future.
Clients often come to us seeking a divorce, but it’s important to ensure that the legal grounds for divorce are met. In Ireland, there are three main requirements:
- The spouses must have lived apart for at least two of the previous three years.
- The court must be satisfied that there is no reasonable prospect of reconciliation.
- The court must be satisfied that proper provision has been made for both spouses.
While divorce is a no-fault process, this is not always the case for judicial separation. In some situations, fault-based grounds may apply, and the usual requirement of living apart for one year can be waived. The five broad grounds for a judicial separation include:
- Adultery
- Unreasonable behaviour (less severe than gross misconduct, but still may be difficult to prove)
- Desertion
- Living apart for at least one year
- Normal marital relationship has not existed for at least one year.
- 2. How long do I need to be separated before I can get divorced?
Under Irish law, you must be living apart for at least two of the previous three years before you can apply for a divorce. - Do I have to go to court to get divorced?
Yes. In Ireland, a divorce must be granted by a court. However, not all cases involve lengthy hearings. Many divorces are resolved through negotiated settlements.
At Dillon Solicitors LLP, we aim to achieve settlements for our clients wherever possible. Settling your matter helps reduce time, costs, and stress, and removes much of the uncertainty that a Court hearing brings. However, if a settlement is not in our client’s best interests, we will advise them accordingly and proceed to court if necessary.
- How long does the process take?
There is no one-size-fits-all answer. If both parties reach a settlement, the process typically takes around 12 months. However, if the case proceeds to a full court hearing, it may take 18–24 months, which we understand is a considerably long process. - Do I need a solicitor?
While it’s not legally required to have a solicitor, engaging one ensures that your rights — especially regarding finances, children, and long-term arrangements — are protected. A solicitor can guide you through the process, help negotiate settlements, and represent your best interests in court if needed.
This is the first in a short series of FAQs we’ll be sharing, covering topics such as finances, child access, mediation and alternative dispute resolution, the legal process, and life after divorce. If you have a question that you would like us to include, please get in touch.
For further information on this or any other Family Law matter please do not hesitate to contact one of our Family Law solicitors, Brendan Dillon, Emma Dillon, Alice Downey, or Simone Murray on 01 296 0666.
