Divorce myth number 2 – In a divorce on the grounds of adultery, the “other” woman or man has to be named on the divorce petition.

23rd May 2013

Laura Lambert of Ansons LLP Solicitors family law team in Cannock, Staffordshire, explains: “This is not a legal requirement.”

“If you or your spouse has admitted to adultery, there is no need to name the third party as a co respondent to the divorce.  Doing so is contrary to the family law protocol which is designed to encourage parties to resolve their divorce amicably. Additional costs, delay and upset could result if you do and therefore it is usually recommended to leave the other man or woman out of the proceedings.”