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VIC Does Not Being Sexually Active for Years Qualify as Separation?

Discussion in 'Family Law Forum' started by Danielle Davich, 24 November 2015.

  1. Danielle Davich

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    My husband has not been initiating sex for years. His whole world lies in our only child and I have been neglected sexually and have been depressed for 9 years. I filed for divorce online today. I read that you have to be separated for 12 months before filing for a divorce. Does not being sexually active in a marriage qualify as separation?

    Thanks in advance.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Danielle,

    There are a number of factors that would tend to prove that you are legally separated in the court's eyes such as:
    • change in sleeping arrangements i.e. different rooms
    • whether you have informed government agencies such as Centrelink and other institutions of your separation
    • reduction in shared activities or family outings
    • decline in performing household duties for each other
    • division of finances; for example, separate bank accounts, and
    • any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation.
    If you were seeking to establish legal separation for the purposes of getting a divorce you may also need to explain why you continued living under the same roof following separation and your intentions to change that situation.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Agree with the above. Unfortunately, a lack of sexual relationship alone will not qualify as determinative of separation.
     
  4. sammy01

    sammy01 Well-Known Member

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    Instead of initiating a divorce application - why not initiate sex with him?

    Seriously - working on saving the marriage is worth considering because divorce is not fun.... Tell him how you feel...

    Not legal advice but worth thinking about
     
  5. N Knight

    N Knight Well-Known Member

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    The question you have to ask yourself is this.

    1. Do you consider him to be your Husband or your Ex-Husband?
    2. Do you have joint bank accounts?
    3. Do you sleep in the same bed?
    4. Do you cook, clean or do stuff that a Husband and Wife would do?
    5. Do you go out as a couple?
    6. What do people pursue your relationship as.
     

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