If you wish to file for divorce based on adultery, you have to show the Court that:
- Your spouse has committed adultery; and
- You find it intolerable to continue living with your spouse.
Requirement 1: Proving that your spouse has committed adultery
- – A person commits adultery when he/she engages in sexual intercourse with a third party voluntarily.
How do you prove that your spouse has committed adultery? This can be done by way of:
- Confession by your spouse;
- Catching your spouse red-handed;
- Evidence from the private investigators; or
- Your spouse has a child born during the marriage who is not related to you.
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Requirement 2: You find it intolerable to continue living with your spouse
- – You must not continue having a marital relationship with your spouse after you discover that he/ she has committed adultery.
- – Time limitation of 6 months
- – You should also note that you need to file for divorce upon discovering your spouse’s last act of adultery within 6 months from the discovery.