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

[Danielle Davich]

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.

 

[Sophea]

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.

 

[AllForHer]

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

 

[sammy01]

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

 

[N Knight]

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.