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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I've been married years but looking to get divorced

Resolved Question:

I've been married for three years but looking to get divorced for the last year, but my husband is being really difficult. I sold my house and have a joint mortgage with my parents and he moved into the property although we lived in a mobile home on the property pending planning permission for our own home. This has been delayed and in the mean time we have effective separated with him in the mobile home and me moving into a small cabin also on the property. This all happened at Christmas. He is refusing to leave stating is cannot afford to (I've been supporting home through the last 3 years) whilst he finishes training which he's just completed. He's agreed to leave by the end of the month.
My questions are:
1. What constitutes separated? Does us living in separate accommodation for the last 5 months count even though we were on the same property.
2. I've recently moved jobs and met some that I really care for but my husband has found out and is now threatening to list adultery on the divorce. Even though the marriage has been over for a long time and we've been separated a few months, does this constitute adultery?
Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You have been separated for the last five months because you are no longer living together
However since you are still married if you have sexual intercourse with another man then it is still adultery.
However adultery is difficult to prove in court unless you admit to it - and in any event the grounds of the divorce do not effect the financial outcome.
I hope that this is of assistance - please ask if you need further details
Clare
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