I think I need to start filling in my divorce papers and have few questions... Firstly, I found out recently that my husband was seeing someone as we were in the process of splitting up (sleeping in the same bed still) does this mean I can file under adultery? I have been thinking I need to wait 2 years. It has just been a year. Secondly, I don't want to name OW on divorce papers as she is taking great pleasure in causing problems and as we were separating anyway I don't want her thinking she has had any influence in my decisions. Can I still file under adultery and not name her? Thirdly, I want to keep our arrangements about access to our dd as flexible and friendly as possible, as she is only 3 the arrangements will probably change over time anyway, do I have to include written info about access when filling in forms?
Any help would be much appreciated, apart from that everything else should be pretty simple, no house to sell, no savings.
As Collaborate said, yes. To the last one, even if you don't go through the CSA (or whatever it is now) and don't get the courts involved with custody, it still needs to be included in the papers. Get on with it if you want to use adultery, it only 'counts' if it has been in the past 6 months, anything longer is not of use. I know because I tried to file under adultery which had been 12 months previous to filing, and got told it was no longer relevant. Having said that, that was 3 yrs ago, so maybe the law has changed? Failing that, it's amazing what solicitors can do with unreasonable behaviour these days, very good luck.
That's not quite right re adultery. 6 months cohabitation after the most recent knowledge of the adultery means that act of adultery can't be used. Nothing to stop someone waiting longer than 6 months provided they separated within 6 months.
Thanks collaborate that was confusing me, so I can still use that If I want? Have just been reading some other threads and I think I could come up with a pretty good list of unreasonable behaviour too, so now I have to decide.
Be careful with behaviour allegations. Gets you off to the wrong start if you indulge in character assassination with someone who you have to then try and reach agreement over money and kids in the coming months.