Hope someone can help me out here. Im just about to start divorce proceedings on my x. She is 8 months pregnant with her partners child and so I am divorcing her on the grounds of adultery.Someone has told me that I will only be granted the divorce if she agrees that she is commiting adultery, and strange as it seems, she wont!! Is this correct? Can anybody give me any advice.(we were married for 3 years, 1 child between us)
I have never forgotten my very first lecture on family law, the lecturer was called Robert Lowe and he was in the wrong job, he should have been a stand up comedian, we couldn't stop laughing for the whole lecture. If I had the choice of re-living any part of my life, this lecture would have been high on the wish list. I remember him talking about adultery, something about ' dirty weekends ' and he said that the petitioner must prove GUILTY PASSION ( said with relish ) plus the opportunity to commit adultery, which will usually be sufficient. In your case, proving you aren't the father would be pretty conclusive. No, she doesn't have to admit it, but in practice many will be quite willing to give their spouse the evidence they want so that they can get a divorce and re-marry.
hopefully someone on here will clarify this issue for you, if you look further on this site you will probably find the information you need. I have just consulted one of my divorce books from the library and it says that "proving adultery is the first step". I think you need info on how you would go about this! Hope this is a starting point - sorry couldn't be of more help.
Jay beat me to the imaculate conception. Sorry I know it aint funny. You dont have to prove adultary. Its a little box you tick and you dont have to name the other party. But. If she denies adultary then you may have problems getting her to return the pettion if you cite adultary. You may be better off citing unreasonable behavour as your reasons for divorce. After all; you want the divorce and the best way to get it is to get her to sign the pettion and not give her reasons to cross pettion and delay the process and drive up costs.
Thanks everyone for your input. My x has a status issue and whilst she had the affair, it would be far to "common" to actually admit to it! I was thinking of going down the road of unreasonable behaviour but i thought that maybe she would kick off at that more then the adultery. (just to let you lot know how deranged my x is, i had to take her to court so i could take my little girl on holiday, she tried to stop me going by saying that her baby was due while we would be away.(bonding issues) Judge requested her pregnancy notes, and she had only changed them to make out the baby was coming a month early just so i couldnt take my Daughter on holiday. This woman is very nasty!
Just another question as you lot seem very knowlegble.
During the time we were together, we purchased 2 homes (although as the higher earner, she was the only one named on the mortgage) Yes, i was nieve, but assumed she knew what she was talking about. Anyway, she has now sold both properties. Do i get a share. They were both our family home until i left when i found out she was having an affair.
What I know about this is that everything in marriage is joint. It dont matter who's name is on the deeds. Of course she has the right to sell. Her name is on the deeds and you are not so she can just do it. She owes you a percentage of the money. Now getting it could be hard as she is so nasty. Chris.