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divorce

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cowabunga | 13:59 Sat 25th Mar 2006 | Parenting
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my husband separated, amicably in may (10 months ago).
He met someone 8 months ago and has just moved in with her. Can I use this as grounds for divorce?
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Yes you can, I'm no solicitor so you should definately get advice from them and some do free advice surgeries. I have studied divorce law and he has committed adultery whether you were separated or not and this is grounds for divorce, if you don't want to cite adultery you can always cite irretrievable breakdown.


Irretrievable breakdown is where you state the reason why you could not stay in the marriage, you have to prove why the marriage has broken down and in this case you could state that the marriage can not be repaired as he has had relations with another and indeed is living with that person.


It should be fairly straightforward for you as you have been separated almost a year, divorces are not usually granted (in fact I'm quite sure they don't grant them at all) without a 12 month separation. This is to ensure the marriage cannot be fixed before drastic measures such as divorce are taken.


I hope this helps but please do bear in mind I'm not an expert so check out what I've told you, most solicitors will give quick guidance over the phone which is helpful before deciding which direction to take.


Take care and I hope it all works out for you.

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