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But in order to petition for divorce, you have to establish not only that adultery has taken place, but also that you find it intolerable to live with your spouse.If you have already separated the first part is correct, but the second is not.Also according to the law, sexual intercourse with one wife in a polygamous marriage is not adultery, as far as another wife in the same marriage is concerned! That it is adultery if it is an extra-marital relationship with a person of the same sex.In law, adultery only applies where there has been sexual intercourse between a man and a woman.
You can still seek the costs of the divorce suit (although not finances and children matters, which are separate) from your spouse.One way of counterbalancing the petition is not to defend it, but to file a statement explaining why you believe the marriage broke down before the adultery occurred.Prince Charles took this course of action, very publicly, during his divorce from Princess Diana. That if you petition for divorce on the basis of adultery, you are entitled to a larger settlement. Adultery alone is not regarded by the court as conduct which would be inequitable to disregard.A partner who has been unfaithful before the marriage has not committed adultery.It is only considered to be adultery if it continues after the marriage has taken place. That if you find it “intolerable” to continue to live with your spouse, it has to be linked to the adultery cited. For example, adultery may have been the final straw or chapter in a history of unpleasant behaviour. That it is a good idea to name the Other Woman or Other Man on the divorce petition.