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Can I file for a divorce on grounds of adultery if I suspect my wife of cheating on me with a woman?
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Under different circumstances, yours would be an interesting situation to find oneself in. But here's what you need to know legally.
First: Under the Women's Charter, one of the five situations which give rise to the irretrievable breakdown of the marriage is adultery coupled with the intolerability to live with your wife after that.
Second: The law only recognises adultery between individuals of the opposite sex.
Third: There must be actual proof of sexual intercourse (and that means the home run, not first or second base).
The mere fact that they are thrown together in a situation which lends itself to hanky-panky is not enough unless it can be shown by documents, or previous behaviour that the two of them were so intimate and their mutual passion is so clear that adultery might reasonably be assumed as the result of an opportunity for it to happen. That's not present here.
Your best basis for divorce, if you do decide to pursue it, is unreasonable behaviour (another one of the five situations), making it difficult to sustain the marriage. Frankly, it may be just cheaper to pay her more attention and get some action going in the bedroom.
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i too am in a similar situation, i have caught the two women in my car making out and have various nude pictures of the other woman which is sent to wifes mobile phone, they work together in an office and meet each other daily. my kids are clearly neglected. the wife has returned with bites and according to their sms exchange that i have seen, they engage in oral sex and mutual masturbation ( fingering and dildo). having confronted them in feb, they have laid low since then but picked up again a month later and till now. this relationship started in OCT 08. when asked both have declined that they are having an affair mainly because its a women n not a man.
how can i go about with this.
its not a question of getting more action in bed n paying more attention only i feel.
Are you about to get a divorce and seeking divorce advice for women? It's good that you are, divorce is tough and you shouldn't have to go it alone no matter what your circumstances.
Submitted by Suzeth Lomen on 29 October, 2010 - 17:23.
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