The Federal Circuit Court of Australia in Queensland handles all cases involving divorce; and ending a marriage in situations where you and your spouse have children and common property should always be done with the help of a lawyer. In order to get a divorce in Queensland, you have to prove that you have been separated for 12 months and in cases where you get back together for 3 months after an initial 4 months of separation, then separate again for another 8 months, the separation will still be counted as a 12-month separation. But if you get back together for a period of 4 months after 3 months of separation and separate for another 8 months, only the 8 months will be counted as separation and you will not be eligible for a divorce.
In cases where a child is involved during a divorce settlement, you and your spouse should make provision for child support to ensure that the children are well cared for because the court wants to know;
1) Where will the children live?
2) How they are going to be financed?
3) Details on the provision of children's education and health care.
4) The relationship between the children, you, your spouse and any other relevant person in your life.
In addition, you can still get a easy divorce in Australia if both you and your separated spouse live under the same roof as long as you can prove that you both lived completely separate lives. This is known as' under one roof separation.
Some of the factors that will be considered in deciding if you are separated' under the one roof;
1) If you're dormant together?
2) If you're having sex or intercourse?
3) If you shared meals and household duties differently from the time you were married since the separation?
4) If you share cash and bank accounts?
5) If you are considered separate by family and friends.
If you're separated from your spouse' under one roof' and you're looking for a divorce, get legal advice from a lawyer.
If you need help or mediation, please contact the Queensland Law Society, Legal Aid Queensland for assistance and for more information about divorce, visit the Queensland Family Law Courts or seek a lawyer's services. You don’t need to make getting a divorce in Queensland difficult or complicated.
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