Legal Question in Family Law in Australia
desertion
My wife has moved out of our home without informing me of her descision. She apparently had planned this move three monthes ago, with only her parents and friends being told.This is because she says my live is governed by mood swings (although there has never been any sexual or violent behaviour by myself). She says she needs space at the moment but still loves me.I have begged and pleaded for her to come home for over a month to no avail- each time she says she needs space.
I have now come to a point where I feel she has not only been decietful but also dishonest and would now like to proceed with divorce. Can I use dessertion as a legitimate grouds for this sad event. Thank you.
1 Answer from Attorneys
Re: desertion
I refer to your recent enquiry. In Australia desertion is not a ground for divorce. You can only apply for a divorce in Australia once you have been separated for 12 months and have lived separately and apart and one of you has the intention that the marriage has broken down irretrievably. However, in Australia immediately after separation you are able to resolve issues concerning property settlement and/or alternatively institute proceedings for property settlement immediately in the Family Court.
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