Skip to main content

Post content has been hidden

To unblock this content, please click here

Ronypoo
Beginner March 2008

Divorice, timescales -adultry and unreasonable behaviour?

Ronypoo, 14 September, 2008 at 21:49 Posted on Off Topic Posts 0 7

My friend is soon looking to instigate divorice procedings- her husband is not in objection. Technically she has comitted adultrey, he is aware of her new relationship ( started months after they agreed the marriage was over and took seperate sleeping arangments) though still live together because of children and finaces.

I know nothing about the law regarding divorice. Can anyone enlighten me with aprox timescales, possible blame etc ?

Too tired to correct spelling errors, please humor me

7 replies

Latest activity by Strawberry Fields, 16 September, 2008 at 21:59
  • DaisyCat
    Beginner January 2004
    DaisyCat ·
    • Report
    • Hide content

    Adultary is hard to prove - he will have to divorce her for that but she will have to admit it to make it easier. He could divorce her for unreasonable behaviour too with an inappropriate relationship as part of that - easier as not so much proof needed but again she would need to not really contest it. Both of those can be done immediately and will take 4-6m. Otherwise for no blame you have to be separated for 2yrs before starting.

    • Reply
  • Roobarb
    Beginner January 2007
    Roobarb ·
    • Report
    • Hide content

    Surely they'll have to actually separate before they can divorce? They can't do it if still cohabiting. (Well not in Scotland they couldn't anyway). How on earth can they establish their marriage has irretrievably broken down otherwise? I understand there may be difficulties re children/money but these would presumably need to be sorted in the fullness of time anyway.

    It is up to him if he wants to go for adultery, and up to her if she admits it, but if they want to try and make it as amicable as possible they'd probably be better just divorcing on the basis of the 2 years (or whatever it is) separation rather than blaming each other.

    Hang on - just reread it - so they decided that the marriage was over, started living separate lives (albeit in the same house) and THEN she commenced a new relationship - so the marriage hasn't broken down because of the adultery at all, has it? It had broken down before that.

    She really needs proper legal advice on this.

    • Reply
  • sherry
    Beginner May 2009
    sherry ·
    • Report
    • Hide content

    He could divorce her on grounds of adultry and as long as she doesn't contest it, it will take 4-6 months.

    • Reply
  • L
    Beginner
    Lady Gooner ·
    • Report
    • Hide content

    My PILs are in a similar position. They were advised to divorce on grounds of unreasonable behaviour, as it was easier due to the proof aspect. MIL didn't want to do the two year seperation. They still live together in the same house (in England), MIL filed for divorce in February and it's still going through but they have a quite complicated financial situation, and I also think there has been dragging of heels with getting paperwork etc.

    • Reply
  • tahdah
    Beginner September 2009
    tahdah ·
    • Report
    • Hide content

    We applied in the March & it went through by the September. We did it via an online divorce company...I think it could probably have been even quicker by using a solicitor.

    We filed it under adultary by my exH to get it through quickly (this wasn't the reason - supposedly...but now I know better).

    Hope it runs smoothly

    • Reply
  • Ronypoo
    Beginner March 2008
    Ronypoo ·
    • Report
    • Hide content

    Thanks for the replies. I just needed a rough understanding of the process that awaits them.

    Rony.

    • Reply
  • Fairyclown
    Fairyclown ·
    • Report
    • Hide content

    Although my husband had committed adultery, we were divorced on the grounds of an irretrievable breakdown of the marriage.

    Adultery would have taken too long and proven too messy.

    This too roughly one year as he had gone to live elsewhere and getting the documents signed was a friggin nightmare!

    • Reply
  • S
    Beginner May 2003
    Strawberry Fields ·
    • Report
    • Hide content
    View quoted message

    You can still file for divorce on the grounds of adultry. They are still married so technically adultry has occured. If they are prepared to deal with it amicably and she does not contest adultry it is the quickest method of divorce.

    • Reply

You voted for . Add a comment 👇

×

General groups

Hitched article topics