Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

How to Divorce Emotionally Abusive Husband?

Discussion in 'Family Law Forum' started by nzaicov, 29 August 2014.

  1. nzaicov

    nzaicov Member

    Joined:
    29 August 2014
    Messages:
    4
    Likes Received:
    0
    Hello there everyone.. My husband is a US citizen living in the USA.. I am an Australian citizen living in Australia... We met on Facebook and got married in Hawaii in October 2011... I am now able to file for a divorce based on emotional cruelty.. I have proof of this by all the emails where he has called me filthy names and accusations that I am unfaithful.

    I have filled out the major divorce papers, I just have to add an Affidavit to the documents of the proof that I have that he has emotionally abused me.. He does not want a divorce.. He has actually skipped country..

    Can I get a divorce from him anyway anyhow?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    369
    Dear nzaicov,

    I'm not sure what you mean by "I am now able to file for a divorce based on emotional cruelty".

    In Australia, the court does not consider why the marriage ended, or who was at fault.The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably.

    If you file for a divorce and your husband refuses to sign the papers, then he becomes a respondent to the divorce application. This means that if he wants to attend the hearing and object to the divorce he can. If however he chooses to remain absent, then the application will proceed with out him and the court will decide the matter in his absence.

    This website provides some further information:
    http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. nzaicov

    nzaicov Member

    Joined:
    29 August 2014
    Messages:
    4
    Likes Received:
    0
    Thank you for your reply... What I meant by I am now able to file for a divorce based on emotional cruelty is... Ive been waiting until we've been separated for a year.. Ive wanted to file for a divorce a long time ago...

    Could you tell me is there anything special I need to do to add in this factor, like do I need an signed affidavit of this proof that I have of him admitting to the emotional abuse or do I just include the evidence of the emotional abuse with the application.. I am filing myself..
     
  4. rebeccag

    rebeccag Well-Known Member

    Joined:
    8 April 2014
    Messages:
    147
    Likes Received:
    35
    G'day @nzaicov
    Hope that helps.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. nzaicov

    nzaicov Member

    Joined:
    29 August 2014
    Messages:
    4
    Likes Received:
    0
    Ive already applied for the divorce in Australian Law courts with my Hawaiian marriage certificate and they said nothing about applying in the US..

    But I needed more information in order to lodge it... The only reason I am asking advice here is on how I should include proof that there was emotional abuse in the marriage...

    I went to the divorce courts the other day for more info and they did not even comment on my marriage certificate being in Hawaii..

    Your saying the emotional abuse is not important? At all? I don't even have to bring it up in my application? There is no property or children...

    I can just get a divorce without it been brought up??

     
  6. rebeccag

    rebeccag Well-Known Member

    Joined:
    8 April 2014
    Messages:
    147
    Likes Received:
    35
    Yes you can just get a divorce without bringing it up.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. nzaicov

    nzaicov Member

    Joined:
    29 August 2014
    Messages:
    4
    Likes Received:
    0
    Thank you Rebecca...

     
Loading...

Share This Page

Loading...
gt;