Apologises if this has already been asked but I have searched around and can''t seem to find an answer.
I''m not sure what reason I should/can put down for my divorce. My husband committed adultery, which I found out about three days after, and since then we have been separated (never living together or attempting to resume our relationship). That was over four years ago so
- can I put adultery down (thought I read somewhere that it had to be within 6 months of finding out)?
- or should I put 2 years of separation (thought about citing the reason for this separation was because of his adultery)?
We are both in agreement about the divorce so I am not anticipating any issues, just want to make sure I don''t make any legal mistakes.
Does your s2bx want a divorce ? If he does then 2 years seperation is going to be the most straightforward way to proceed.
The difficulty with using Adultery is that there is high level of proof required, either a confession, a child, or some incriminating photos.
If your s2bx is not agreeable to 2 years seperation, you could go down the Unreasonable Behavior route, or alternativly stick things out for another year and divorce on grounds of 5 years seperation.
If you are both in agreement about the divorce and have also agreed between yoursleves the financial settlement and arrangements for children (if any) you might want to concider the DIY approach which will be the most cost effective way of doing things.
Only use 2 years separation if you are sure he will give consent. If he does not (for whatever reason logical or illogical) then you''ll be stuffed. It''s not easy (therefore expensive) to change grounds, so make sure you know 100% that he will give consent first.
Thanks everyone for your advice - much appreciated.
Yes, he says he wants a divorce and I hope that we can sort out finances and childcare between ourselves.
Part of me wanted the adultery part to be written down so that there is actual proof of his behaviour (and he does admit to it) though perhaps I need to be the bigger person and rise above this temptation, in case, when the time comes, he refuses to agree to this causing more grief and stress.
Thanks again - good to know there are people willing to help a stranger!
It would be sensible to seek his written consent that he will agree to a divorce based on 2 years separation. You should complete the form and send the draft to him for approval before sending it to the court. Ask him to confirm in writing that he will consent to the petition.
If he refuses or doesn''t reply, you should use unreasonable behaviour.