Adultery divorce rejected, what next?

Hi, hope someone can help!
am divorcing my husband on the grounds of adultery and the judge has just asked for further evidence, my husband admitted the adultery and we are amicable so thats not the issue.
after discovering the adultery i stayed with my husband for a further year before he then went out and did it again, soon as i discovered the second time i kicked him out straight away.
The judge has said in the d79 that 'unless the parties lived apart the Petitioner cannot rely on adultery'
bit confused as we have been seperated for a year now and have lived apart! he has had several partners since so can i use this extra information? and whats my next step, is a simple letter sufficient to the court or do i have to fill out a specific document?
thanks for any help on this matter!

Must say I'm a bit puzzled too.

The judge is right inasmuch that after discovering the adultery you continued to cohabit. In that case it is hard for you to say that you found it intolerable to live with him.

But then he does it again and has several other partners, and you threw him out and have been separated ever since.

I would take the view that you did not condone the second fling and the other acts of adultery and it seems to me that you would have a case.

Could you write and ask the judge to reconsider his decision ?

LMM

My guess is you have fallen foul of the technicality that you cannot use a particular incident of adultery as the grounds for divorce if you then live together afterwards for more than 6 months.

I think the issue is that your paperwork is based on the date of the first incident of adultery and needs to be adjusted to use the date of the second incident, after which you 'kicked him out'.

You need to amend the Petition to base the divorce on the second incident of adultery.

I must admit, I thought you had based your Petition on th Ye second incident of adultery.

If you based your petition on the first incident as the wiki team suggest, this explains everything.

In that case you may need to amend your petition or supply further evidence.

Don't worry, you'll get there in the end.

LMM