Question from Sarah, How to Obtain a Divorce After Being Legally Separated for 6 Years in Australia?
Answer from AI:
In Australia, the process of obtaining a divorce after a long period of separation involves several steps. It’s important to note that this information is general in nature and may not apply to all situations. For personalized advice, it’s recommended to consult with a legal professional.
Eligibility for Divorce
Firstly, you need to meet certain eligibility criteria to apply for a divorce in Australia. According to the Family Court of Australia, you must:
- Be an Australian citizen or live in Australia and regard it as your permanent home, or
- Ordinarily live in Australia and have done so for at least 12 months before the divorce application.
Proof of Separation
You must also be able to prove that you and your spouse have been separated for at least 12 months and there is no likelihood of resuming married life. It’s possible to live together in the same home and still be separated.
Application Process
The process of applying for a divorce generally involves the following steps:
- Prepare an Application for Divorce: You can apply for a divorce by yourself (sole application) or together with your spouse (joint application).
- File the Application: You can file the application online through the Commonwealth Courts Portal. You’ll need to pay a filing fee, though you might be eligible for a reduced fee in certain circumstances.
- Serve the Application: If you filed a sole application, you must serve a copy of the application on your spouse.
- Attend the Hearing: If you made a sole application and there is a child of the marriage under 18 years, you must attend the court hearing unless circumstances prevent you from doing so.
- Obtain a Divorce Order: If the court is satisfied that the requirements for divorce have been met, the divorce will be granted and will become final one month and one day later.
Legal Advice
While it’s possible to apply for a divorce without legal representation, it’s often beneficial to seek legal advice, especially if there are complex issues involved such as property settlement or child custody. Legal professionals can provide guidance tailored to your specific circumstances.
Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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