The process for obtaining a divorce in Victoria, Australia typically involves the following steps:
- Separation: Before applying for divorce in Victoria, you must have been separated from your spouse for at least 12 months. This means you must have lived separately and apart for this time, and at least one of you must have intended for the separation to be permanent.
- Filing a divorce application: You can file a divorce application with the Federal Circuit Court of Australia or the Family Court of Australia. The application form can be completed online or in person at the court.
- Serving the divorce application: You must serve a copy of the divorce application on your spouse, usually by sending it to them via registered mail or having a process server deliver it to them in person.
- Waiting period: After the divorce application has been served, you must wait for at least one month before the divorce can be finalized.
- Divorce hearing: If your divorce is uncontested, you may not need to attend a hearing. However, if your spouse contests the divorce, you may need to attend a court hearing to provide evidence and make your case.
- Finalizing the divorce: If the court is satisfied that you meet the legal requirements for divorce and that proper arrangements have been made for any children of the marriage, a divorce order will be granted. The divorce will become final one month and one day after the divorce order is made.
It's worth noting that the process for obtaining a divorce can vary depending on individual circumstances, such as whether you have children or whether you are seeking a property settlement. It may be helpful to consult with a family lawyer in Victoria to understand your options and obligations.
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