My Marriage Is Finished. Can I Petition For Divorce Despite Being 'The Adulterer'?

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asked 4 years ago

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Yes. Adultery is legal grounds for divorce - but these grounds only apply where it is the person against whom the adultery has been committed who petitions for divorce. So, as the adulterer, you cannot use your adultery as a reason to ask for a divorce, though your spouse certainly can.

But the fact that you are an adulterer needn't prevent you from petitioning for - and gaining - a divorce, even if you do decide to tell the divorce court of your adultery. However, other grounds will need to be in place for you to petition successfully for your divorce. They include (in English law) one of the following options to prove to the court that your marriage has 'irretrievably broken down': your spouse committing adultery; unreasonable behaviour by your spouse; you being separated from your spouse for two years and your spouse agreeing to the divorce; you being separated from your spouse for five years; your spouse having deserted you more than two years ago.

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Blurto

answered 4 years ago

Be careful about asking general questions about divorce law, because divorce goes state by state it is not federal. Some states are "no-fault" divorce states where it does not matter the reason you choose to get divorced, regardless of whether you have committed adultery. In other "fault" states, adultery may be a much bigger deal. In Georgia, for instance, adultery may bar someone from receiving alimony payments.

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