Is there a time period to file for divorce based on adultery?
If you have found out that your spouse has committed adultery, and you intend to rely on that as a ground for your divorce, you must file your divorce within 6 months if you are still living with your spouse.
The reason is simple – if you continue to live with your spouse for more than 6 months after discovering your spouse’s infidelity, the law presumes that you have condoned the adultery.
Of course, the legal presumption may not be right in every case. More often than not, a spouse continues to live together with the straying spouse because of the impact leaving may have on the children.
In such a situation, you can only rely on adultery if your spouse strays again. Alternatively, you may have to consider filing for divorce based on other grounds such as his unreasonable behaviour.
The standard of proof for adultery is quite high. You will need to show a confession or more commonly, a private investigator’s report. If you do not have the necessary proof for adultery, you can still file for divorce based on unreasonable behaviour.
It sometimes happens that your spouse may commit adultery within 3 years of getting married. In such a case, you may have to wait until you have been married for 3 years before filing for divorce unless you can get the court’s special permisssion to file for divorce within 3 years. Such permission is rarely granted and you should be prepared to wait until your marriage crosses 3 years.