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Is it possible to get a divorce on the grounds of adultary committed 7 yrs ago?

5 replies

Sixer · 01/12/2007 15:54

even if the name and address of the other party is unknown?

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lemonaid · 01/12/2007 16:02

You get a divorce on the grounds of "irretrievable breakdown of the marriage". Adultery is just one of the ways of demonstrating irretrievable breakdown of a marriage.

If this is the only thing you have to go on (i.e. no other unreasonable behaviour) and you've only just found out about it then you could use the adultery as a basis for your claim, but by and large "unreasonable behaviour" is easier.

FluffyMummy123 · 01/12/2007 16:02

Message withdrawn

MamaG · 01/12/2007 16:47

if you've known about it for 7 years, Judge could be a bit about you only deciding to divorce now.

Go for unreasonable behavoiur, stating the adultery as one of the examples of the unreasonable behaviour

(cod's right, you don't name any more, just say "unnamed person" - and its got to be the opposite sex too)

Freckle · 01/12/2007 17:02

If you've only just found out about it, probably. If you've known about it for 7 years, then no.

The petition states that the respondent has committed adultery and it is unreasonable to expect the petitioner to continue living with the respondent (or words to that effect). If you've been living with him for 7 years after discovering the adultery, it is clearly not unreasonable to expect you to continue.

For adultery to be used, you have to file the petition within 6 months of the adultery or 6 months of finding out about it. You also need to be sure that the respondent will not deny it as the petition then becomes defended and you will have to prove the adultery actually took place. This means proving that the respondent had sexual intercourse with the co-respondent or another if unknown. Not sure how you'd prove it now.

Sixer · 01/12/2007 17:04

thanks for the help.

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