My wife left me 7 months ago, after she started an affair with someone else. I started seeing another woman about a month ago, and I would like to know if my wife can now divorce me for adultery even though it was her who left and broke up the marriage. I don''t want to divorce at the moment.
The burden of proof is very high for adultery. She has to prove 100% that intercourse took place. Basically she can only do it if she has some very intimate photos or a child of the affair, or a signed confession by you. If she does not have pone of these then you can simply deny it and the divorce will fail.
However she can use unreasonable behaviour and there will not be diddly squat you can do to prevent it. If she wants a divorce (and if she does it right), then she can get one, with or without your permission, cooperation or even signature.
Cookie, how does unreasonable behaviour work? My ex wont admit adultery so i think this is the route i will end up going. So far he has ignored all communication from my solicitors and i anticipate he will keep this up. How will the divorce be granted if he refuses to acknowledge it etc?
If he refuses to respond to the divorce petition then you would have it served on him by a court bailiff or (preferably) a process server. You would then apply for Directions for trial using the process server''s affidavit of service. This proves to the judge that your ex has received the Petition.
No, he cannot refuse it if a process server serves it. Even if he tears it up in front of the server, it doesn''t matter, there will be proof that he received the papers and that is what matters. There was one case on this forum of papers being served under a car windscreen as it sped off. You do not need his agreement or signature.