I would like to put down adultery as a reason for divorcing my husband, but was wondering about any time factors involved. I know you can only file for divorce on grounds of adultery if you are no longer living together after 6 months of discovering the divorce, but is there a time limit once you are separated?
Hope I have made myself clear!
Yes I appreciate this and havent decided, but if I do go for adultery is there a time limit?
Yes 6 months but that also applies to all other grounds tho there tends to be a certain amount of flexibility on this.
I would think if you were to file for divorce for instance 12 months after the event and the other party were not to contest this. Then in all probability the court would let the petition proceed.
My wife committed adultery back in 2005 i wouldn't expect to be able to use those as grounds for D. However she's done it again more recently so i could still use that as grounds were my situation not the way it is at present!
I am pretty sure that there is an official time limit of six months on both adultery and unreasonable behaviour. If you continue to live as a couple for more than six months after discovery of adultery or last instance of unreasonable behaviour then you can't use that as a reason because you are taken to have decided to put up with it.
If you want to proceed on these grounds i would get advice quickly. If the affair is still on going then obviously you have more time in which to act.
If you don't act within 6 months and carry on living together then it's considered you are accepting of the situation.
My wife started a divorce petition on UB in late 2005 she then didn't proceed. She later tried to restart proceedings in early 2006. I raised the issue so she then had to raise a Supplemental Divorce Petition. In this second petition she still raised issues in this which exceed the 6 month period. The divorce is now being defended!!
Had i not contested the 6 month time limits the divorce would have then proceeded.
As I said in my 1st post the time limit may not be important as long as the other party doesn't have an issue.
So don't wait for 10 years until all the kids have left home and then expect to be able to start divorce proceedings then for adultery.If the other party wont agree to the grounds.
Though i'm not sure where you stand if you were to find out after 10 years your partner had an affair that long ago?