Can i divorce on grounds of infidelity

Question

And i will like to know how long the process takes because i have 3 kids my last baby is 3years old

P.O OHIKHENA &amp; Co · Accepted Answer

Yes. It is one of the grounds for divorce..

Grupo Devoument Abogados · Answer

Yes, you can divorce on grounds of infidelity in most countries, but the legal process and impact of adultery vary depending on the laws of your specific jurisdiction. Here's how it generally works:

1. In Fault-Based Divorce Jurisdictions

If you live in a country or state that recognizes fault-based divorce, adultery (infidelity) is commonly accepted as valid grounds. For example:

Philippines (limited recognition)

India

Some U.S. states (like New York or South Carolina)

Requirements often include:

Proof of the infidelity (photos, messages, witness testimony)

Showing that the act caused irreconcilable breakdown of the marriage

Effects:

May affect alimony/spousal support

May influence child custody (if the affair negatively impacted the child)

Can speed up the divorce process

2. In No-Fault Divorce Jurisdictions

In countries like:

Canada

Colombia

United Kingdom (England and Wales, post-2022 reform)

Many U.S. states

You can still mention infidelity, but the court doesn't require it or give it much legal weight. Instead, divorce is granted on the basis of irreconcilable differences or marital breakdown.

3. Religious or Moral Grounds

In some cultures or religious courts (like Sharia law or canonical tribunals), infidelity has specific consequences beyond civil divorce, including annulment or compensation.

What You Should Do

Check local divorce laws (I can help with your country if you specify it)

Gather evidence (only if required or beneficial in your jurisdiction)

The length of a divorce process, especially when children are involved, depends heavily on your country of residence, the type of divorce (contested or uncontested), and whether custody, support, and property issues are disputed.

Here’s a general breakdown:

Typical Divorce Timelines by Type

1. Uncontested Divorce (Both Spouses Agree)

Fastest option

Takes 2 to 6 months on average

You both agree on child custody, support, property division, etc.

2. Contested Divorce (You Disagree)

Slower, more complicated

Can take 1 to 2 years or more

May involve multiple hearings, mediation, and child welfare evaluations

What If You Have Children (like your 3-year-old)?

Having children often adds steps:

The court must ensure the best interest of the child

You’ll need to resolve:

Legal custody (who makes decisions)

Physical custody (where the child lives)

Child support payments

In some countries, social workers or family court counselors are involved to assess parenting

Timeframes in Some Countries

Country	Estimated Time for Contested Divorce
USA	6 months – 2 years (varies by state)
UK	6–12 months (longer with disputes)
Colombia	6 months – 2 years (depending on courts and evidence)
Canada	Minimum 1 year separation + process
Nigeria	6 months – several years (depending on state and High Court)

What You Can Do to Speed Things Up

Agree as much as possible with your spouse (even with help of a mediator)

Organize documents: children’s birth certificates, income records, proof of infidelity if applicable

Be clear about your requests for custody and support