My daughter’s husband left her and their two small children a year ago and is living with another woman. My daughter has filed divorce papers but he has not acknowledged them, and she is told that unless he admits adultery nothing can be done. Is this true?
No. If the husband fails to acknowledge receipt of the petition within eight days your daughter can arrange to have him served in person by bailiffs or a process server. If there is still no response she can ask the court to proceed with the divorce without her husband’s approval. If it can be shown that the husband is living with another woman there will be a presumption that he is committing adultery, although a cheaper option may be to consider amending the basis of the petition to unreasonable behaviour.