Hi a bit of background before my question well two questions really.
I want to get a divorce I've been separated for 2yrs, married 12yrs, 2 kids, no assets just his super but he got early release access only weeks after we separated and spent it. I have very little super as was mostly a stay at home mum for the 12yrs. No house, he kept 95% of the furniture and the car. I left our rental the children came with me and as I had no money I had to live with my parents. AVO for 2 yrs was taken for DV then there were a lot of breaches till he went to jail for only a very short time. He has finally left me alone. He has made no contact through a lawyer to have contact with the children which I would be concerned for their safety and I’m petrified to start family court because what if he is given access and all the DV starts again. He has seen the children once this year by visiting their school. Which I can’t stop because no family court orders.
Child support is exempted for my safety. But money would be very helpful but I’d rather live without being scared and petrified than get support. Which I doubt I’d get anyway as when I first applied just after we separated he lost it at me about the amount he had to pay on the assessment. I was so scared I agreed to a significantly less amount but then he quit his high paying job then the DV escalated and child support stop for my safety.
My question is
I REALLY WANT A DIVORCE but Do I have to see him or discuss the children’s arrangements to get a divorce.? As that petrifies me. We are finally happy, living a calm, not chaotic and not scared everyday. I can’t go back to him having control over our lives and that’s exactly what he will do through the children.
I just want him legally out of my life!! But family court proceedings are long and terrifying? Please tell I can legally divorce him without children arrangement orders ?
Also am I in titled to any of his super? and if yes what happens if he spent it reducing the total amount just after we separated (like only few weeks) so not leaving much in the Super account?
Thanks
I want to get a divorce I've been separated for 2yrs, married 12yrs, 2 kids, no assets just his super but he got early release access only weeks after we separated and spent it. I have very little super as was mostly a stay at home mum for the 12yrs. No house, he kept 95% of the furniture and the car. I left our rental the children came with me and as I had no money I had to live with my parents. AVO for 2 yrs was taken for DV then there were a lot of breaches till he went to jail for only a very short time. He has finally left me alone. He has made no contact through a lawyer to have contact with the children which I would be concerned for their safety and I’m petrified to start family court because what if he is given access and all the DV starts again. He has seen the children once this year by visiting their school. Which I can’t stop because no family court orders.
Child support is exempted for my safety. But money would be very helpful but I’d rather live without being scared and petrified than get support. Which I doubt I’d get anyway as when I first applied just after we separated he lost it at me about the amount he had to pay on the assessment. I was so scared I agreed to a significantly less amount but then he quit his high paying job then the DV escalated and child support stop for my safety.
My question is
I REALLY WANT A DIVORCE but Do I have to see him or discuss the children’s arrangements to get a divorce.? As that petrifies me. We are finally happy, living a calm, not chaotic and not scared everyday. I can’t go back to him having control over our lives and that’s exactly what he will do through the children.
I just want him legally out of my life!! But family court proceedings are long and terrifying? Please tell I can legally divorce him without children arrangement orders ?
Also am I in titled to any of his super? and if yes what happens if he spent it reducing the total amount just after we separated (like only few weeks) so not leaving much in the Super account?
Thanks