Divorce Dispute in Victoria
The client is seeking a divorce due to past issues of domestic violence and has been living separately from their partner since late 2022. The partner has refused to consent to the divorce, which may complicate the process. The situation has led to the client experiencing mental health challenges and housing instability. No children are involved in this case.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the grounds for divorce in Victoria, and how does my situation fit these grounds?
In Victoria, the primary ground for divorce is the "irretrievable breakdown" of the marriage, evidenced by at least 12 months of separation. Since you have been separated for nearly 12 months, you will meet this requirement shortly. A spouse's refusal to consent does not prevent a divorce application, as both parties do not need to agree.
How does the process work if my partner is not consenting to the divorce?
You can apply for a divorce even if your partner does not consent. Australia follows a "no-fault" divorce system, meaning you need to show that the marriage has irretrievably broken down, typically demonstrated by at least 12 months of separation.
What legal protections are available for me given the history of domestic violence?
You can seek legal protections, such as applying for a Family Violence Intervention Order, which can provide protection from your partner. You may present evidence of abuse, such as witness testimonials or medical records, to support your application.
How long will the divorce process take?
The divorce process generally involves a waiting period of 12 months of separation before filing. If uncontested and without complications, it may take about 2-3 months for the court to grant the divorce order after hearing.
