Is there a time period to file for divorce based on adultery?

adultery in divorce

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.

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.

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