VIC Applying for divorce after Separation

[Intsunny]

Hi
My case: I have been separated from my wife since August 2018 and I had filed one sided divorce.
She appeared in court and didn't agree to the date of separation instead mentioned 22JAN 2019 as the date of separation.
Now the magistrate told me to consider 22Jan as the date of separation according to which i im still couple of months away from the 12 month period to be completed
My question here is that I need to get married after this, so can I file the case online and get a court hearing date after 22Jan?

 

[Intsunny]

Please help

 

[Atticus]

The legislation is quite strict in that an application can only be filed after 12 months of continuous separation... So as long as you file on or after the 22nd, that should be fine..

 

[Rod]

Now the magistrate told me to consider 22Jan as the date of separation

I'm unclear what you mean by this statement. Did the judge rule that 22 Jan 2019 is the date of separation, or did they do ask for more information.

And note you can't get married for 30 days after the court orders a divorce.

Suggest you give our office a call on Monday. See my signature for details.