Unilateral Divorce Conflict
The client is seeking a one-sided divorce in Victoria after being removed from the family residence by her spouse, who no longer wishes to remain in the marriage. The client desires to continue living with her spouse and is interested in mediation or further counselling to address the marital issues. The marriage has lasted approximately 2 years, with no children involved, and the client has not contributed financially to the property. There is an existing protective order in the situation, and she currently lacks a solid support network.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal options do I have if my spouse wants a divorce but I don't?
In Australia, if your spouse wants a divorce but you do not, it's important to note that the Family Law Act 1975 allows for a no-fault divorce, demonstrating that the court does not need a reason beyond the irretrievable breakdown of the marriage, generally evidenced by 12 months of separation. If you wish to remain married, consider reconciliation efforts such as mediation or counselling. You can contest the divorce application by filing a response when your spouse applies, particularly if you believe the separation period hasn't been satisfactorily met. However, this may only delay the proceedings, not prevent the divorce if your spouse wishes to proceed. Consulting with a family solicitor can help clarify your options and rights.
How can I protect my rights to the property if my spouse has expelled me from the house?
To protect your rights to the property after being expelled, consider applying for an intervention order that might grant you temporary occupancy rights, even if you haven't financially contributed to the property. Additionally, you should seek legal advice to explore the possibility of a property settlement under the Family Law Act 1975, which recognizes non-financial contributions. It is crucial to maintain safety amidst the protective order while pursuing these legal avenues. Consulting a family lawyer can aid you in navigating this process.
Is there a way to initiate mediation or counselling to resolve our marital issues before proceeding with a divorce?
You can initiate mediation or counselling by reaching out to local family dispute resolution services designed to help couples amicably resolve their differences without resorting to litigation. If you're interested in resolving marital issues, consider contacting services such as Relationships Australia or similar organizations for guidance. Mediation offers a neutral space for discussion and potential reconciliation. Even with a protective order in place, mediators can help manage safety while addressing the issues at hand. It's essential to understand that mediation is not mandatory but can be a constructive step prior to legal action.
What legal protections are available to me in terms of domestic disputes while the divorce proceedings are ongoing?
In your case, family violence intervention orders can provide crucial protection. With an existing protective order, you may look into having it enforced or modified to further ensure your safety. These orders can limit your spouse's contact with you and keep them away from your residence. You could also apply for a temporary accommodation order through the Magistrates' Court if you need housing assistance after being excluded from the home. It's advisable to reach out to a family violence service or legal aid within your area for immediate support and to fully understand your rights.
