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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorcing for adultery

38 replies

Lily15 · 20/03/2017 16:32

It's 5 months since Dday and I don't think we can go on as we are. I know you can't divorce for adultery if you have lived together for 6 months since discovery. Does anyone know if I file before 6 months does this count? Or does it need to be done and dusted before the 6 months? If I D under unreasonable behaviour can his A be part of that? Did anyone name the OW? It's going to hurt for a long time but despite him dropping OW on Dday and wanting to try, the betrayal and hurt runs too deep and we can't find our way back. Life is miserable together.

OP posts:
MrsBertBibby · 20/03/2017 21:48

You don't have to contest an adultery petition to scupper it, though. You just have to not admit adultery.

Adultery is a very specific act. Seriously, there are some really gross late Victorian cases that turned on really technical medical evidence about how far the man's cock had got and was it far enough.

Living together doesn't prove it. Hearing it going on doesn't prove it. You need an admission, or a resulting baby.

TheFormidableMrsC · 20/03/2017 21:53

MrsBertBibby I put on my petition that my husband had moved in with OW while we were married. It was enough.

witchhazelblue · 20/03/2017 22:07

What about sexual photos? Do they count as proof?

AshesandDust · 20/03/2017 23:07

If you go for UB you can cite that he had 'an inappropriate
relationship,' plus how you/the family were neglected while
he conducted an 'inappropriate relationship. How he didn't come
home etc. So you're saying he was in an adulterous relationship
without spelling it out iyswim.

MrsBertBibby · 21/03/2017 07:06

Formidable, the reason the Court granted your petition is here

"He tried to get out of it by saying that he'd only had affairs with men hmm but I understand his solicitor told him to stop being a prick and just sign. "

If he had continued to deny, you'd have had a problem.

I'm a family solicitor, btw.

TheFormidableMrsC · 21/03/2017 09:59

MrsBertBibby yes I hear you...he didn't contest the petition to the court, he just tried to come up with any ridiculous excuse as OW was so concerned about her "reputation" and did not want to be associated with an adultery divorce. On my petition, it simply said he was living with OW. It was accepted. I have to say, by virtue of this horrible process, I belong to a large support group of women who have all walked the same path, nobody has failed in their adultery petition thus far and I have never seen anybody actually contest it. Maybe this is just a blip so to speak!

Sunnyshores · 21/03/2017 12:54

you need to be living seperately when you file too (to prove that you didnt condone his adultery)

MrsBertBibby · 21/03/2017 13:06

No, you don't Sunny.

NotJanine · 21/03/2017 13:23

No, it's the living together beyond 6 months rule that is seen you having condoned it.

It is laid out very simply here -
www.gov.uk/divorce/grounds-for-divorce

Sunnyshores · 21/03/2017 13:58

So within 6 months of Dday you have to be living apart and to have filed if using adultery.

NotJanine · 21/03/2017 14:03

No, you don't have to be living apart. It just has to be within 6 months of finding out

Passthebiscuitspls · 22/03/2017 21:48

I found out my H was having an affair. I filed for divorce before I told him what I knew.
My divorce lawyer said to go UB if he was not going to admit to it which I knew he wouldn't. I gave 4 reasons for his UB, one of them one was 'his improper relationship with another woman who is known to the respondent' that was enough for me, it was in there, as clear as day!

Ellisandra · 26/03/2017 08:51

You don't have to be living apart. The courts are well aware that people don't have the money to just move out!

I divorced for adultery, I had no proof - my husband used prostitutes and all I had was some circumstantial evidence (e.g. a brothel address on his satnav, a police warning letter for driving suspiciously in a red light area Hmm)

I put that he had sex with prostitutes on dates unknown including

I told him in advance that I was going to use adultery because my solicitor said it was a clear cut reason and therefore quicker administratively than anything else, and therefore could be cheaper. That was an out and out lie, but I didn't care Grin

You may find, like mine, that your STBXH is happy to just sign.

If not, definitely just add it to the UB.

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