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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.

Divorce due to affair

2 replies

MrsY · 31/01/2018 13:09

I will be filling for divorce on the grounds of his adultery, largely because I am currently eligible for legal aid but won't be in 2 years.

I found out about affair in September and he moved out, but we did try therapy. We are waiting for mediation but it is taking a long time to organise and I am worried about timescale. My understanding is that I have to file within 6 months of discovering affair, but a Google search found an article that says this only applies if we have lived together as a couple since discovery. Can anyone clarify? I don't want to push for an appointment of we have more time, but don't want to relax if I need to file early March.

Divorce due to affair
OP posts:
NotSuchASmugMarriedNow1 · 31/01/2018 13:12

Hi - are you in the UK? It's just that legal aid is only eligible in cases where there has been domestic violence and it isn't usually time limited I don't think.

Can't you just file under unreasonable behaviour citing the affair as one of the unreasonable behaviours?

MrsBertBibby · 31/01/2018 15:02

If you are in England & Wales, then the 6 month rule is only if you live together.

If he has gone you are fine to delay.

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