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Divorce following adultery: advice on timings and type of petition

(3 Posts)
betrayedandwobbly Thu 28-Feb-13 08:55:29

Can anyone help?

How does the 6 month limit for an adultery petition work? Do you have to start the legal process within 6 months of discovery, or is it sufficient to have separated within the 6 months (and if so, what "proof" is needed of the separation?). If it goes over 6 months, then can the adultery/separation arising from it be used as a major part of an unreasonable conduct petition?

I found out about H's affair in November, and am still unsure about divorce though we separated within a week. If I decide on divorce, I'll want it to happen as soon as possible, rather than wait for 2 years separation to be up. One of the factors in the decision is a serious medical issue, the timings of the diagnostic process are not within our control and if worst case I may decide that divorce isn't the right option. But as the worst case might not happen, it would be very helpful to know what the timelines of the remaining divorce options would be.

As the true reason is adultery, I would like that reflected in the legalities somehow, but think it more important to reach the right decision at the right time rather than meet the 6 month rule. Hence wondering if it can still be unreasonable behaviour, not tolerated as shown by separation, after 6 months.

Collaborate Thu 28-Feb-13 10:11:02

You just need to have separated within 6 months.

Divorces usually take around 6 months to conclude, but can take less time if both parties and the court pull their fingers out.

Unless the divorce is defended you won't need to prove the date you separated. You deal with that when you apply for Nisi.

betrayedandwobbly Thu 28-Feb-13 18:55:59

Thank you.

Goodness only knows how this will all end up, but at least legal deadlines can drop off the stuff-to-fret-about list.

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