Ireland is currently working on the wording of what the Irish electorate will be asked to vote on in the upcoming divorce referendum. Residency for divorce is an issue about the amount of time a person has to live in a state, and in some cases, live apart from their spouse, before they can file for divorce.
Luck of the Irish
If the luck of the Irish holds out and the referendum is passed, the government would introduce primary legislation on the time period before you can get a divorce, rather than having it in the Constitution which must be put to a public vote when changes are proposed.
Under the current system, married couples need to have lived apart for at least four years during the previous five years. The new proposals would see that reduced to two years, with the Irish Legislature, the Oireachtas, providing the legislation for this.
The referendum is due to take place on 24 May, the same day as the local and European elections.
Florida Divorce Residency Requirement
Ireland is not alone in having a residency for divorce requirement before spouses can file a case. Most U.S. states for example, have some kind of a durational residency requirement for the plaintiff in a divorce and others add to that a requirement you live apart first.
I’ve written about things to consider when planning for divorce before. Residency for divorce is a very important jurisdictional requirement in every case.
Generally, the non-filing party need not be a resident in the state in order for the court to divorce the parties under the divisible divorce doctrine. The court’s personal jurisdiction over the non-filing spouse is necessary only if the court enters personal orders regarding the spouse.
The durational domicile or residency requirement goes to the heart of the court’s ability to divorce the parties, because the residency of a party to a divorce creates a relationship with the state to justify its exercise of power over the marriage.
What are some of the time limits in the United States? For example, Florida has a six-month requirement for residency before you can file for divorce here.
By contrast, Iowa has a one-year residency requirement for all spouses filing in the state. The same is true for Maryland, which requires that at least one spouse be a Maryland resident for at least one-year before filing for divorce. Maryland law also requires the couple to live apart for at least 12-months before filing for divorce.
The rule sounds easy enough, but failure to adhere to the rule may cause the court to enter a divorce decree without having the proper jurisdiction. In that event the divorce decree could be called into question.
The Irish Journal article is here.