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QLD Divorce - Entitled to a Legal Aid QLD or VIC Family Lawyer?

Discussion in 'Family Law Forum' started by Tina T, 12 January 2015.

  1. Tina T

    Tina T Member

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    I am now living in Victoria having moved from Queensland approximately 4 months ago. I want to divorce my ex husband that still lives in Queensland, we have been separated for at least 4 to 5 yrs. I don't want to have Any personal contact with him, but am very keen to begin the process for a much needed divorce. I have a current Health Care Card and receive a Centrelink benefit. Due to the fact my ex is a bully I don't want to have to have contact with him directly in regards to Any and All aspects of this process.

    Therefore am I entitled to a legal aid QLD or VIC lawyer to help me obtain this divorce in the easiest quietest manner?
     
  2. AllForHer

    AllForHer Well-Known Member

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    You don't need a lawyer or even your ex's approval to obtain a divorce. You can apply through the court on your own. The cost is presently $800 for a solo application, but given that you are on some benefits, you may be entitled a discount. You will also need to serve your ex with the application prior to the court date.

    A divorce only ever really becomes messy if there's a property settlement or kids involved. Otherwise, it's fairly straight forward because Australian family law works on a 'no fault' basis, meaning a divorce is granted when the relationship has broken down irretrievably.
     
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  3. Tina T

    Tina T Member

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    Thank you very much for your reply. I have looked online and see there are a couple of ways for me too proceed with the divorce without a lawyer. I will be taking that avenue. The other reason I don't want to be in direct contact is because things will become extremely stressful and nerve wrecking for me when it comes time for settlement, or have I missed the time frame for there to be a settlement due to the fact I've left it so long to file for divorce? If you can possibly answer this question too I'll be grateful.
     
  4. Tina T

    Tina T Member

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    May I please add there are no dependants involved.
     
  5. AllForHer

    AllForHer Well-Known Member

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    A property settlement can be sought by either party up to 12 months after the divorce is finalised. If you are not seeking a property settlement, it may be best not stress too much on this issue - most divorces taking place after a long separation don't accompany a property settlement.

    Hope this helps.
     
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  6. Tina T

    Tina T Member

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    There was no property brought whilst we were together, I do know that he has in the last year purchased a unit. I therefore presume that there will not be any kind of settlement? Again thank you for your time and advise.
     
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