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VIC Divorce Application - Lodge when Other Family Law Matters are Ongoing?

Discussion in 'Family Law Forum' started by moricz, 29 May 2015.

  1. moricz

    moricz Member

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    Hello,
    I was separated under the same roof for 6 months, tried to reconcile, separated again for 3 months than I moved out. Filed for divorce in August 2014, divorce was granted in October, than contested by my husband in Nov. (Contesting date of separation.)

    I went overseas, divorce got adjourned twice, then by the court I was given the option to go ahead with the defended hearing or to withdraw my divorce application, re-apply and than I will be granted an uncontested divorce.

    By the time I withdrew my application, a parenting order case was filed and I am told by a legal adviser that I have to wait for parenting matter to conclude before I can file for divorce.

    Is there a way around this? I thought divorce and parenting are two different family law matters?
     
  2. AllForHer

    AllForHer Well-Known Member

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    You don't have to wait for the parenting/property matter to be settled before filing for divorce. I'm not sure why they would've told you that, but it's incorrect. You can file for a divorce 12 months after the date of separation.
     
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  3. moricz

    moricz Member

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    Thank you. I was hoping you'd say that.
    However, my divorce file is left open by the judge, resulting in me not being able to file a new application.
    I do not understand why, nor how to resolve it.
     
  4. moricz

    moricz Member

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    Thank you for your response.
    I was told that because my divorce file is open, I can't re-apply for divorce.
    I am not told, why it is still open, when discontinuance was granted an this is registered on my file.
    How can I get this file closed? Who do I ask?
    The court did not advise...
     
  5. AllForHer

    AllForHer Well-Known Member

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    Contact the family court registry and ask them for some direction. They should be able to help you with what needs to happen next.
     
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