SA Cheating Husband - How Soon can I Get a Divorce?

[Kate A]

I have been married to my husband for less than a year and we have never lived together since we live in different countries. I have just found him cheating on me. How soon can I get a divorce under family law?

 

[AllForHer]

In Australia, you must wait a year following separation before you are able to apply for a divorce. However, if you can somehow prove that you entered into the marriage under duress, you may be able to get the marriage annulled.

 

[Ivy]

Additionally, in Australia if you have been married for less than two years and want to apply for a divorce then you will need to either attend counselling to discuss the possibility or reconciliation with your spouse or see permission of the Family Court to apply for a divorce.

 

[Tracy B]

Hi Kate,

I'm sorry to hear about your situation. @AllForHer and @Ivy are correct, you will need to show 12 months of separation before applying to court for divorce procedures.

You may find the Family Law Courts website particularly helpful. In particular:

• On separation
• On when and how to apply for divorce
• On the process of applying for divorce

Stay strong and hope it works out for the better.