My wife has petitioned for divorce but she committed adultery. Can I divorce her instead?

My wife has petitioned for divorce on the grounds of my behaviour but it was her who had an affair. Can I divorce her instead ? Also she is now living with her new partner who is very wealthy. Do I have to pay her anything if she doesn't need the money ?

If your wife has already petitioned then I would urge against cross- petitioning on the grounds of her adultery as this will only serve to add delay and increase costs. You can always indicate on the Acknowledgement of Service you do not accept that it was your unreasonable behaviour that caused the marriage to break down however you do not intend to defend the divorce. It is also advisable to seek legal advice when you receive the divorce papers our fixed price for advising a Respondent to divorce proceedings is £250 plus VAT.

It is impossible for me to say without further information about your respective financial positions whether you will have to pay maintenance to your wife. Her need is not the only factor taken into consideration.

Let me know if I can be of further assistance.

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