Divorce forms-ticking both adultery and behaviour?

[BettyBo33]

I’m looking at the online divorce form. It says tick one or more reasons for why your maairage has broken down : adultery, behaviour, 2 years separation etc I know that if it’s past 6 months since discovering STBX affair then I can’t divorce on grounds of adultery alone but can I tick both boxes (adultery and behaviour) and give examples on the application regardless of being over the 6 months? Anyone done this?

Hi BettyBo33,

Sorry to hear you are having to go through this. I'm going through divorce citing his behaviour.

The way I understand it - to cite adultery you need to name the other party and possibly even give some kind of evidence, along with it being within 6 months of discovering the affair. However, you could tick behaviour and list the affair as one of the unreasonable behaviours.

Take care,

MM

You do NOT need to name the other party when citing adultery. In fact, my solicitor advised me against it as it could hold things up if OW got the hump.

But I knew my X would not argue against it iyswim. He had had an affair, had walked out of a 10 yr marriage and left 2 v young DC to be/live with her.

I didn't know that if the adultery was 6 months previous to the application you couldn't use adultery as a reason....are you sure?

Do you have reason to believe your h/w would argue any of this? Surely he/she is in agreement for the divorce?

Yes it does have to be within 6 months of discovery of the adultery. But you do not have to name the 3rd party.

Just choose behaviour and give examples there, you can include stuff relating to the adultery

Sorry you're having to go through this

It’s been 2 years since I found out. I wanted to work it out..it didn’t. He doesn’t want to D. He’s dragging his heels. He’s more likely to agree to adultery as the ‘reason’ than lots of ‘unreasonable behviours’ There are plenty but he won’t like it...the 6 month rule is a load of rubbish. I guess it will be down as my first unreasonable behaviour and hope he doesn’t defend the others..

You can divorce for adultery as long as have not lived together for more than 6 months after discovering the adultery. I discovered my ExHs adultery in April 2012, he left the family home in June 2012. Our decree Nicki came through in March 2014 and the decree absolute in September 2017.

Yes, I think the 6mth thing isn't quite right. I didn't start divorce proceedings until a good 12 MTHS after discovering the affair. I used a solicitor and not once was '6 mths' an issue. The actual divorce took another 18-24mths to finalise!