Need Help - I Want to Get a Divorce

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3 June 2014
i am looking at getting a divorce,was married in nz in 98 separated for almost 9 years we have 5 children together i have not had no contact with my ex and nor has my children so basically i raised them on my own he has moved on and so have i,i just want to know if this divorce will be straight forward with no hickups or could he try and contest the divorce need some help not too sure what to do


Well-Known Member
25 April 2014
Hi nessa09,
Have a look at the Family Law Courts site. I'm not sure if any divorce proceedings are without their challenges. But you can apply for a divorce if either you or your spouse:
  1. regard Australia as your home and intend to live in Australia indefinitely, or
  2. are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  3. ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.

The Family Law Courts has an Application for Divorce Kit which takes you through the process. You may prepare your own divorce application or get a lawyer to do it for you.

If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. Your spouse can only oppose the divorce where:
  1. there has not been 12 months separation as alleged in the application, or
  2. the court does not have jurisdiction.
Also have a look at the Family Law Courts' "Children's Matters" and "Property and Money Matters" pages, which have some useful information.
Hope that helps.