can i get a divorce because i have commited adultery?

Question

i want a divorce but my husband wont give me one, can i file for divorce because i am in a new relationship?

Answer 1

I think you can - irretrievable breakdown.

Your husband doesn't have to "give you a divorce" - you can just go ahead and get the papers drawn up.

If he then wants to contest it, fine. That's up to him.

Answer 2

Yes, of course you can get a divorce, probably on the grounds of irretrievable breakdown of marriage.
But you must change your life style at home,if you wash, cook or sleep in the same bed as your husband ,you will still be classed as being a married couple. So stop all of this if you are doing any of these things.I know this for a fact, and believe me it's the hardest thing I ever had to do.But if you really want out of the relationship, you have to prove there is'nt one anymore.
I think you are going to have a problem with your husband though because he doesn't want a divorce,he will naturally be as awekward as possible.
Get yourself a good solicitor,is the best advice I can give you.Good luck.

Answer 3

If you are in the UK you can file for 'irreconsilable differences' which is a no fault on either side divorce. However, if he refuses to agree you may have to wait for 5 years when either partner can file for divorce without the consent of the other but ,if you stay in the same house, you'd need to prove to the satisfaction of the court that you have been living seperate lives, even if under the same roof. That would not doing his laundry or cooking meals or family outings etc.

Answer 4

Are you in the UK? Just go and see a solicitor and say you want a divorce. Most divorces in this country are not contested - it is too expensive and pointless to pursue it if your spouse wants to divorce you. You can't get a divorce because YOU have commited adultery, but you can site irreconciliable differences. Thats what i did and i was in the same position as you.

Answer 5

NO NO NO NO
You cannot file for YOUR infidelity. Your husband can file against you, or you can file against him if HE was unfaithful.

You must have grounds for divorce, and you don't. Your husband does in this case, but not you.

Sorry - not being mean or negative but I went through a similar experience with my ex and I had to change my petition 3 times before the courts would accept it. I had to claim unreasonable behaviour, and then prove it, before they would allow the divorce.

THEN I had to go through the whole financial nightmare.

But really, and I mean this.....Good luck.

This is based on UK law so if you are in the US, it may be different.

Answer 6

first of all you go to a solicitor and have papers drawn up on irreconveivable breakdown, if your on benefits you will more than lokely get legal aid, he can not refuse you a divorce, if you ;eave your marital home you may be in a bit of trouble! so stay put, after a few years he has no option but to give in! but expect everything to get sliced in half at least, and be very careful you dont end up with nowhere to go! and as for your new relationship, is he able to provide you with a home, will he marry you, are you a bit of extra marital sex, will he still feel the same when u land on his doorstep for ever, ? i feel that you have alot of thinking to do! do not take this lightly, I went to court yesterday, I have been with my partner for 25 years we have a daughter at uni, he never bothered to get divorced!!!!!!! all of a sudden somebody comes back from the dead and wants one, so! yesterday he had to agree to pay 320 thousand and a thousand a month, because we worked hard!!!! sick as pigs and back to mortgaging up to the hilt and business borrowing! be careful that your reason for a divorce is good enough to warrant judges wanting all your bank statements for 5 years (both parties) whos contributed more/less,

Answer 7

i'm at a loss for words. have you ever or have you ever no longer advised your husband that: you're pregnant and additionally you ask for a divorce? while you at the instant are not with your husband for the final 3-4 years, and your husband is conscious (or you advised him) which you're pregnant, even with out telling you have committed adultery your husband will locate out besides which you have a infant with somebody else. except he's fairly stupid, yet i do no longer think of so ;) Why this is you who choose which you fairly desire to have a divorce understanding which you are the guy who made mistake. You harm somebody (your husband) badly, yet you are the guy who desires to run away and "be satisfied" with different. it is so egocentric. First, i could advise to say sorry and ask your husband for mercy and this is his decision in spite of if to divorce you or no longer. reliable success.

Answer 8

Well you can, but he can contest it.

And can make things hard for you,

Plus since you commited adultery you could be penalized.

Lose custody, or have to pay him alimony, or even child support and alimony.

You could always try to legally separate, but the courts still have to decide how much of the assets you retain, even if they were yours to begin with.


Oh and if your not a citizen, he can contest that as well.
So think smart.
So good luck.

Meg

Answer 9

No. In the UK, you can't petition for divorce based upon your own adultery. It would be up to your husband to petition on the basis of your adultery.

If you have been living apart for more than 2 years you can petition for divorce on the basis of 2 years separation plus consent (i.e. your husband would have to agree to this) or you can petition on the basis of his unreasonable behaviour. "Unreasonable behaviour" can be quite mild really and you can even agree the wording of the petition between yourselves.

Answer 10

yes. Go see a lawyer and have him or her draw up the papers for divorce. You may have a period of time where you need to prove that you have been separated, but the lawyer will explain all of that. Good luck! -dd