divorce

[staci]

is it true that if adultery is sited as grounds for divorce then the guilty party will get nothing even if they jointly own their home and have contributed to its up keep and sold their own house to pay deposite on family home?

[stonekicker]

no...what has he been telling you? more to the point - if you are divorcing him, why are you believing it? you will get what you are legally entitled to, regardless of reasons for divorcing.

[staci]

sorry.....just to clarify, i am not getting divorced and not involved in any way, This info is for a friend of mine. the couple have both committed adultery, but both deny it. no proof. However she is filing for divorce. she wanst to use adultery as grounds and he has been told if she does this he will loose everything if he agrees to it for the sake of a swift end. he sold his home to pay a deposite on the family home where she intends to stay with their 15 yr old son.he wants to sell and split the money.

[sara3]

divorce and financial settlements are 2 separate things. if they can't come to a financial agreement the court will decide, but I don't think the reason for the divorce will make a court feel finances should be dealt with any differently.

[hc4361]

The courts do punish people for adultery. They simply need to know the marriage has irretrievably broken down, and adultery is accepted as a cause of the marital breakdown.
If the couple cannot decide between them how to split the joint assets, the courts will ensure a fair division, regardless of the cause of the divorce.

[factor-fiction]

I assume hc4361 meant to say " the courts do NOT punish...."

[robben100]

No that is not true. I am no lawyer but I did go through a divorce as the guilty party, and my actions, whether true or not, made no difference to the settlement. My ex still got most because of the children.