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 delays.

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 refuse.

Divorce Limits

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 is irrelevant.

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.