Just wondered if someone could give me advice regarding my situation. My husband and I decided to seperate about 9 months ago and he moved back to his parents. He has since met someone else and is now living with her. I was wondering if I could still divorce him for adultery after the seperation or not?
Yes. You are still married and any relationship (we must assume that they have sex) is adultary.
But why rock the boat. You will get your divorce no matter what happens. If you are divorcing him anyway just let it happen. What you need is for him to sign and return the pettion. That is the hard bit. If you accuse him of this he may hold things up. Stick with what you have or move the notch down to UB. More likly to sign and return it.
Chris is quite right, of course. I'm not clear whether you have started divorce proceedings or not. If you haven't, you can commence proceedings on the grounds of adultery. You don't have to name his new paramour and it is normally considered inadvisable to do so.
If you have already petitioned, then Chris is right - just stick with the petition on the grounds you already have.
But on the other hand, if you are having to wait 2 years and would rather a "quickie" (oops!) divorce, it does give you a way of shortening the 2 years' wait.
As has been said, don't pour petrol on the flames. But you could agree to petition earlier, if it suits you both. You agree not to name the other party, he agrees not to defend... Nothing to stop you two sorting something out by agreement, and possibly a lot to gain.
Whatever the grounds cited to show the breakdown of the marriage, the money matters ("ancillary relief") will be dealt with on a strictly needs-related, no-fault basis.
Further to the comments above, it is quite normal for the other person in adultery not to be named. The law allows for it and theoretically costs can be gleaned from this party, but please don't bother - the recoverable costs are laughable and as it is all about "no fault" there really is no point in naming names. I haven't heard of a single solicitor advising their client to do it.
Yes, all right I admit I did it, but hey I was seriously cheesed off with the guy and guess what, my xtb said she wouldn't defend the adultery petition if I put his name in. I put his name down and she didn't defend. Seems to have been th eonly thing we have agreed on!