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HELP!!! Advice on adultery

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30 Sep 08 #52505 by blocked
Topic started by blocked
Hi everyone, im new to this site (today)!
my partner left his wife almost a year ago, they both want a divorce, but he recieved a letter from he lawyers today stating her grounds, adultery. This was not the case, how does he now go about things, can he decline, and if so what will happen then, or does she need evidance.

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30 Sep 08 #52511 by mike62
Reply from mike62
Blocked,
Welcome to Wikivorce.
With respect, if he is still married to his wife and you and he are having sexual relations, then he is commiting adultery - Fact.

If his wife wishes to cite adultery on her petition, she can. However, she needs him to admit to the adultery, or she needs proof of penetrative sex between her husband and another woman - Fact.

As to the outcome of the divorce, adultery is simply a tick in a box on the petition. It makes no difference to the outcome of the divorce or to the financial settlement - Fact.

If they both want a divorce, just sign the petition, send it back to the court and get on with it. There is no stigma to it. Nor is their a public register of adulterers. It is seen by the petitioner and respondant, the court staff, the judge and their respective legal counsel. Nobody else.

If he wants to fool around and contest it, it will be hugely expensive (Thousands of pounds in legal and court fees), make no difference to the outcome and cause a HUGE degree of stress and unpleasantness between all parties concerned. But that is his perogative. If he has considerably more money than common sense, go for it.

Mike

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30 Sep 08 #52530 by NellNoRegrets
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He may not have committed adultery before he left his wife, but he presumably has now. So she is perfectly able to use that as grounds for divorce. The alternative is unreasonable behaviour, though of course many people would regard adultery as unreasonable.

The actual grounds are irrelevant really, just signing will get things moving.

Alternatively, he might ask her to put "unreasonable behaviour" but I don't see what actual difference this makes.

Other than that, they will have to be separated for 2 years before they can divorce.

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30 Sep 08 #52552 by mike62
Reply from mike62

Other than that, they will have to be separated for 2 years before they can divorce.


Small clarification

The two year separation is only relevant if they wish to divorce by mutual consent (sometimes called a 'No Fault divorce).

If divorcing by reason of Adultery or Unreasonable Behaviour, provided they have been married for 12 months, they can be divorced at any time.

Mike

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30 Sep 08 #52619 by cindygirl
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I'm divorcing my hubby for adutery but i agreed to not name the other woman if he signed it, that made him sign it, but if i named her he wouldn't have agreed to it.
Cindy

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