Go to Family Court to Get a Divorce?

[S-c-o-t-t]

Good afternoon,

My ex wife wants to apply for a divorce. We have been separated for 13 months and we both have a permanent residency visa and have been living in Australia for more than 4 years. Me and my ex wife married for 4 years and 2 months.

I want a divorce, too, but so far we don't talk to each other. What should I do? And what do we need in the family court? Do I have to go to the family court for divorce?

Thank you

 

[AllForHer]

http://www.familycourt.gov.au/wps/w...ion-and-divorce/how-do-i-apply-for-a-divorce/

You can apply as joint applicants, which is cheaper, or as a sole applicant. If you apply as a sole applicant, you'll need to serve your ex with the application.

If you don't have kids, you don't need to attend Court. The registrar will decide whether you've met the criteria that allows the Court to dissolve a marriage, then either make the decree or possible adjourn until there's enough evidence to make the decree.

 

[S-c-o-t-t]

Thank you for your answer. My ex wife doesn't wanna do a joint application. We have one kid ( 3 years and 3 months ). The first time my ex-wife doesn't allow me to see my daughter or sometimes I see my daughter every 2 weeks for one hour (I have to drive 45 mins to see her for one hour) and then I went to Legal Aid and we did mediation but my ex-wife was so fussy.

We signed a parenting plan but I'm not really happy with the plan, as I want to see my daughter more.

Thanks

 

[AllForHer]

If she doesn't want to do a joint application, that's fine. If it's her wanting the divorce, let her do the paperwork and pick up the $800 fee. Since there's a young child, the applicant party for the divorce will have to attend Court in the assigned date.

Now, parenting orders is a different kettle of fish. Parenting plans aren't legally binding, so if you want the arrangements changed and mum isn't playing ball, you'll need to seek parenting orders through the Court.

 

[S-c-o-t-t]

Do I need to apply for parenting orders or the judge will ask for it? Do I need a lawyer to do it?

 

[AllForHer]

Depends.

If you can agree on arrangements for the child, you can write them up as consent orders and file them with the court so they become legally binding.

If you can't agree on arrangements for the child, you can file an initiating application with the court outlining what arrangements you want for the child and an affidavit of evidence as to why those arrangements are in the best interests of the child. Your ex then files a response in similar form, you go to court, the court considers all of the evidence and determines which arrangements are best for the child.

Do you need a lawyer for option 2? You can self represent, but it's a good idea to get either legal advice or representation instead. Family law is complex, and the process is very slow. Having a lawyer will ensure you can present your case from a position of knowledge and experience.

This is all a separate process to divorce though. A court deciding divorce doesn't have anything of substance to do with a court deciding parenting orders.

 

[S-c-o-t-t]

Thank you so much for your help.