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

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moricz

Member
29 May 2015
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0
1
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?
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

moricz

Member
29 May 2015
3
0
1
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.
 

moricz

Member
29 May 2015
3
0
1
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.
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...
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Contact the family court registry and ask them for some direction. They should be able to help you with what needs to happen next.