What is the process for filing a divorce when I have been living overseas?
The process for filing an Application for Divorce when you have been living overseas is also in essence the same. However, you must ensure that either you or your former partner are able to satisfy the jurisdiction requirement.
This means that either you or your former partner need to:
Regard Australia as your home and intend to live in Australia indefinitely; or
Are an Australian citizen by birth, descent or by grant of Australian citizenship; or
Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.