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Divorce - adultery - but years ago?

  • SilverFir
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10 Jul 12 #342347 by SilverFir
Topic started by SilverFir
Just had a thought after reading another thread ...

If my Ex wants to divorce me on grounds of adultery, can he do so three years later? Someone mentioned elsewhere that you have to divorce based on adultery within the first six months, otherwise you''re deemed to have accepted the situation.

(Sorry, it''s a bit of a random thought. My brain isn''t really in divorce mode, had some difficult news regarding disabled son earlier this week)

  • jslgb
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10 Jul 12 #342349 by jslgb
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I think it depends on whether you were together after the adultery took place. If you are for a certain period of time i believe that means the adultery has been ''accepted''.

Have you been separated 3 years? Can you not divorce on the basis of 2 year separation?

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10 Jul 12 #342350 by SilverFir
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Well, we were together after adultery took place but the Ex didn''t know that (*looks embarrassed). We separated the day that I told him about it.

It looks like he won''t agree to divorce on basis of 2yrs separation (I''ve got threads elsewhere about it) and I don''t want to go for UB (and I''ve got threads about that too!)

I was just curious about the adultery & six months thing.

ETA. Think I just found the answer elsewhere. As we didn''t live together after the adultery was revealed, the time limit is irrelevant.

Told you my brain isn''t in gear!

  • Fiona
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10 Jul 12 #342351 by Fiona
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You can''t divorce someone for adultery if you continue to live with them for longer than 6 months after finding out about the adultery. The adultery is then seen as condoned because if you live more 6 months with someone after finding out it isn''t intolerable for your to live together it can''t be the cause of the marriage breakdown.
So if you didn''t live together for 6 months after him knowing about he can Petition using adultery.

  • SilverFir
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10 Jul 12 #342352 by SilverFir
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Thanks Fiona. I think I knew that (and I certainly found the answer easily). I''m just not thinking straight at the moment ... Ignore me!

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11 Jul 12 #342424 by cookie2
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Technically he could use if, since you separated right after he found out. But if he uses adultery without your written consent or cooperation then he is very foolish. Adultery has a high burden of proof. If you simply deny it or do not respond to an adultery Petition then he will not get anywhere.

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11 Jul 12 #342583 by SilverFir
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Cheers Cookie but I think he could get proof quite easily - my son''s birth certificate naming me & my new partner as parents is probably sufficient!

The birth certificate looks bad because our son was born 8 months after separation - but he was born 3 months early! I didn''t conceive until after separation.

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