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History: Home UK Divorce Forum
Topic:
Affair was more than 6 months ago (5 Posts)
Started By:
Date:
09 May, 2017 07:51AM
Affair was more than 6 months ago
Jp88123 - 09 May, 2017 07:51AM
I found out my wife was having an affair in August 2016, the affiar had been going in a couple of months by now.

I tried to win her back but she had fallen in love with her new man and by the end of august we had both moved out and she has been living with the other man ever since.

I want to start the divorce procedures but as its been more than 6 months can i still divorce on the grounds of adultary.

We have no children or assets to sort out and she knows a divorce is going to happen but she says we have to wait 2 years. i want it over asap



Edited 2 time(s). Last edit at 09/05/2017 07:59AM by Jp88123.
Re: Affair was more than 6 months ago
Bubblegum - 09 May, 2017 08:10AM
I think given the passage of time, the court would consider you to have condoned/ accepted the adultery and it can not be relied on as the cause of the marriage breakdown. You would be better off using grounds of unreasonable behaviour. It shouldn't be too difficult to come up with some good examples. I don't see why you should have to wait two years.
Re: Affair was more than 6 months ago
Andyk - 09 May, 2017 08:12AM
If you want to use Adultery then you either need her to agree to it, or you need a baby that isn't yours. i think there is also something about if you try to use Adultery after period of time it is more difficult.

You dont need her permission or have to wait 2 or 5 years, go and see a solicitor and they will draft you an unreasonable behaviour petition, then you dont have to have her permission.
Re: Affair was more than 6 months ago
davidterry - 09 May, 2017 09:39AM
You did not live together for six months after finding out about the last adultery so six months does not come into it. You can still petition on the grounds of adultery (assuming you can prove it which is not necessarily as easy as it sounds). Bearing in mind that your wife seems to want to make you wait for a divorce you should petition immediately on the grounds of her unreasonable behaviour if you cannot prove adultery. Whether you rely upon adultery or unreasonable behaviour doesn't affect anything. In either event you do not need her permission or co-operation if a divorce is what you want.
Re: Affair was more than 6 months ago
Bubblegum - 09 May, 2017 11:34AM
Ah yes - sorry I missed the fact that you separated in August '16! Oops!
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