How to Divorce Emotionally Abusive Husband?

[nzaicov]

Hello there everyone.. My husband is a US citizen living in the USA.. I am an Australian citizen living in Australia... We met on Facebook and got married in Hawaii in October 2011... I am now able to file for a divorce based on emotional cruelty.. I have proof of this by all the emails where he has called me filthy names and accusations that I am unfaithful.

I have filled out the major divorce papers, I just have to add an Affidavit to the documents of the proof that I have that he has emotionally abused me.. He does not want a divorce.. He has actually skipped country..

Can I get a divorce from him anyway anyhow?

 

[Sophea]

Dear nzaicov,

I'm not sure what you mean by "I am now able to file for a divorce based on emotional cruelty".

In Australia, the court does not consider why the marriage ended, or who was at fault.The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably.

If you file for a divorce and your husband refuses to sign the papers, then he becomes a respondent to the divorce application. This means that if he wants to attend the hearing and object to the divorce he can. If however he chooses to remain absent, then the application will proceed with out him and the court will decide the matter in his absence.

This website provides some further information:
http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/

 

[nzaicov]

Thank you for your reply... What I meant by I am now able to file for a divorce based on emotional cruelty is... Ive been waiting until we've been separated for a year.. Ive wanted to file for a divorce a long time ago...

Could you tell me is there anything special I need to do to add in this factor, like do I need an signed affidavit of this proof that I have of him admitting to the emotional abuse or do I just include the evidence of the emotional abuse with the application.. I am filing myself..

 

[rebeccag]

G'day @nzaicov

• Just to be clear - your marriage was registered in Australia even though you had an overseas wedding? The scope of my knowledge is Australian law, so if you have a US marriage, you'd have to deal with it in the US.
• The emotional cruelty is irrelevant in Australia as its no fault divorce, you just need to have been separated 12 months and there is no reasonable likelihood of resuming married life. That's it. See the previous LawAnswers Family Law Forum thread "Falsity Prior to Marriage. Considered in Divorce Proceedings?" that sets this out in more detail.
• See the Family Law Courts "Application for Divorce Kit" page - you just follow that kit and information step by step.
• Once you get around to property settlement (or children's matters if you have children), then you may be able to raise the abuse as an circumstance for asking for more at the property settlement. See the article "Abused wife granted a bigger divorce payout".

Hope that helps.

 

[nzaicov]

Ive already applied for the divorce in Australian Law courts with my Hawaiian marriage certificate and they said nothing about applying in the US..

But I needed more information in order to lodge it... The only reason I am asking advice here is on how I should include proof that there was emotional abuse in the marriage...

I went to the divorce courts the other day for more info and they did not even comment on my marriage certificate being in Hawaii..

Your saying the emotional abuse is not important? At all? I don't even have to bring it up in my application? There is no property or children...

I can just get a divorce without it been brought up??

G'day @nzaicov

• Just to be clear - you're marriage was registered in Australia even though you had an overseas wedding? The scope of this forum is Australian law, so if you have a US marriage, you'd have to deal with it in the US.
• The emotional cruelty is irrelevant in Australia as its no fault divorce, you just need to have been separated 12 months and there is no reasonable likelihood of resuming married life. That's it. See the previous LawAnswers thread "Falsity Prior to Marriage. Considered in Divorce Proceedings?" that sets this out in more detail.
• See the Family Law Courts "Application for Divorce Kit" page - you just follow that kit and information step by step.
• Once you get around to property settlement (or children's matters if you have children), then you may be able to raise the abuse as an circumstance for asking for more at the property settlement. See the article "Abused wife granted a bigger divorce payout".

Hope that helps.

 

[rebeccag]

Yes you can just get a divorce without bringing it up.

 

[nzaicov]

Thank you Rebecca...

Ive already applied for the divorce in Australian Law courts with my Hawaiian marriage certificate and they said nothing about applying in the US..

But I needed more information in order to lodge it... The only reason I am asking advice here is on how I should include proof that there was emotional abuse in the marriage...

I went to the divorce courts the other day for more info and they did not even comment on my marriage certificate being in Hawaii..

Your saying the emotional abuse is not important? At all? I don't even have to bring it up in my application? There is no property or children...

I can just get a divorce without it been brought up??