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QLD Living in Australia for Two Years - Can I File for Divorce?

Discussion in 'Family Law Forum' started by Satish kumar, 4 May 2016.

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  1. Satish kumar

    Satish kumar Member

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    Hi,

    I am New Zealand citizen and my wife is Asian and living in Australia for 2 years. I pay for her medical insurance and airfares when we visited overseas. We married in Asia. We lived apart last year for 8 months and been apart since March. She does what she likes and doesn't care about our relationship. It's like this for the last 2 years now. She has neither talked about or wanted a divorce but I am done with her.

    Can I file for divorce? Contested divorce? What will be the outcome?
     
  2. sammy01

    sammy01 Well-Known Member

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    Do you have kids? If not then it is pretty easy. Once you've been living apart for 12 months you can file for divorce... You can do it even if you are living under the same roof but not as partners.

    This site will help you know what to do
    How do I apply for a Divorce? - Family Court of Australia

    There may be some technicalities I'm not aware of because neither of you are Aussie citizens. Sorry, can't help any more than that.
     
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  3. Sophea

    Sophea Well-Known Member

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    Hi Satish,

    You can apply for divorce in Australia even if you are not Australian citizens, as long as either you or your spouse regard Australia as your home and intend to live here indefinitely or ordinarily live in Australia and have done so for 12 months immediately prior to filing for divorce.

    It also doesn't matter if she does not agree to the divorce, she will simply be a respondent to your divorce application. You will just need to serve her with a copy and if the court is satisfied you have been separated for 12 months then they should grant it.
     
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  4. Satish kumar

    Satish kumar Member

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    No kids yet, thank god. I just stopped her medical insurance going through my account every month for the last two years. How long does the divorce procedure take?
     

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