Divorce Adultery - One of the Most Common Reasons Given for
Divorce is Adultery
At one point in time one of the biggest reasons given for divorce was
adultery. The question that comes to mind is exactly what is adultery and how does divorce law look at it when
it is given as a reason for one half of a married couple filing for divorce from the other? Adultery is
considered by law to be the consensual sexual relations between one member of the marriage and someone of the
opposite sex who is not a part of the marriage. Oddly enough if the sexual relation occurs with a member of
the same sex it is not under English law considered adultery.
Under English law, adultery is the most common reason given for a divorce. The reason for this is that when it comes to divorce, adultery is grounds for an
instant divorce, whereas the other three main grounds for divorce that are used involve much longer compulsory
Of course you can only claim adultery as the reason for a divorce when it has actually occurred, in other words you
must either be able to substantiate the claim or your spouse must admit to it.
The only member of the marriage who file for a divorce because of adultery is the "innocent"
person, in other words if you are the one who has committed adultery, you cannot use it as a reason to file for
divorce unless your spouse is also guilty of adultery. The problem that arises under this law is that the person
who has committed adultery may want a divorce so that they can marry their newfound partner and their spouse can
Under adultery divorce law there are certain time limits that are imposed to make sure that the
person who is filing does not wait several years before deciding that what happened years ago is now grounds for
divorce. You have six months from the time you "discover" that your spouse is being unfaithful to file for divorce
or under law you are considered to have condoned the adultery and can no longer use it as grounds for divorce. This
time limit only applies if you continue to live together after the discovery, if you separate then the time limit
If you want to obtain an adultery divorce In Scotland
you cannot use adultery as a reason for divorce if you have either condoned or connived the adultery. Condonation
means that you are either still living with your spouse and resumed married life for three months after you learned
about the adultery. Connivance on the other hand means that you encourage the adultery by engaging in activities
such as wife swapping and other multiple sex partner events.
Remember though the whether or not you choose to divorce for adultery, in the courts it no longer has any bearing
on the judges decisions when it come to children and finances. The courts no longer use either to "punish" the
offending party despite the fact that adultery is grounds for divorce. However depending on the situation, it can
lead to a more favorable financial settlement out of guilt by the offending party.