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NSW 2 Years of Separation - Can I Get a Faster Divorce?

Discussion in 'Family Law Forum' started by DariaBella, 15 September 2015.

  1. DariaBella

    DariaBella Member

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    Hi,

    Me and my wedded husband have been living apart (different continents) for nearly 2 years. He has no intentions of moving to where I am, nor do I intend to move where he is right now. I am thinking of finalizing this relationship in what seems to be inevitable next step of separation. Given we have been separated already for two years, and we have a son together (he lives with me), would the divorce process be any faster, easier than what people usually deal with?

    Kind regards,
     
  2. AllForHer

    AllForHer Well-Known Member

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    The divorce part is easy. Provided you're an Australian resident domiciled in Australia or resident in Australia for at least 12 months, you can apply for a divorce as a sole applicant after 12 months of separation.

    You will need to make a reasonable attempt to have the divorce papers served on the other party, but you do not need the other party's consent for the divorce to proceed.

    The hard part of divorce is the possible parenting dispute and property settlement that follows.
     

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