You may desperately wish to do this and publicly name and shame the other person. If your spouse has admitted to adultery, there is no need to name the third party.
The potential for divorce when an unsuspecting spouse turns on the family computer and finds the incriminating evidence, as in my client’s case, is pretty substantial.
But is it sufficient to found a petition based upon adultery?
My advice is always to act with dignity and concentrate on other issues in the divorce such as the children and finance.
You can still seek the costs of the divorce suit (although not finances and children matters, which are separate) from your spouse.
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.
[UPDATE: Please also see the comment from John Bolch of Family Lore, at the bottom of this post.] 3.
That it isn’t adultery if you are already divorced.
According to one study, more than 50 per cent of married men and 26 per cent of married women are likely to stray at least once during their marriage.
Today, by coincidence, I saw a new client whose wife had been advertising for a quick fling on a website catering for illicit affairs between married people.
An extra-marital relationship between two people of the same sex is considered an improper association.