Adultery and divorce

Legal Legal - Divorce
1

My wife and I are going to divorce. She refuses to cooperate, however, and insists on trying to solve our problems. I have given up.

My question is: If I tell her I have met another woman, will I be in a worse position during divorce proceedings, and how much worse? I am afraid she won’t give up trying to save our marriage, and I am contemplating telling her there is someone else in order to speed along the divorce process.

I need some professional advice, however I don’t have money for a lawyer.

thanks for any suggestions - B.

2

Adutery is a crime under Taiwan law. I wouldn’t advise you to admit (or even lie about) having committed adultery.

If your wife will not consent to a divorce, you could try to obtain a divorce based on one of the grounds available for a statutory divorce. Taiwan’s Civil Code at Article 1052 lists the following grounds for statutory divorce:

  1. Bigamy.
  2. Adultery.
  3. One spouse ill-treats the other so as to render living together intolerable.
  4. One spouse humiliates the linear ascendants of the other spouse such that living together becomes intolerable.
  5. One spouse deserts the other spouse in bad faith.
  6. One spouse has a loathsome incurable disease.
  7. One spouse has an incurable serious mental disease.
  8. One spouse has made an attempt to end the life of the other.
  9. One spouse is uncertain for a period in excess of three years as to whether the other spouse is alive or dead.
  10. One spouse has been sentenced to imprisonment for not less than three years.

Section II of the same Article also stipulates that one spouse may apply for a divorce upon the occurrence of a significant event, other than those set forth above, which makes maintenance of the marriage difficult.

3

Thanks. According to no. 2, Adultery is grounds for divorce, however as you say it is a crime. The next question then is,

What is the penalty for this crime?

If it is the only grounds I have for divorce, I am still tempted to try it, however I don’t know what the consequences are.

4

[quote=“basil”]Thanks. According to no. 2, Adultery is grounds for divorce, however as you say it is a crime. The next question then is,

What is the penalty for this crime?

If it is the only grounds I have for divorce, I am still tempted to try it, however I don’t know what the consequences are.[/quote]

Well, it would be grounds for the plaintiff who’s spouse committed adultery… but you could not commit adultery and then claim it as grounds for your divorce as a plaintiff.

I’ll check on the penalty this afternoon.

5

Hi - did you find any answers as to the penalty for adultery? If the penalty is divorce, of course, I will take it! Thanks a lot - B.

6

Or maybe you would lose all claim to your assets: [Forumosa - Taiwan's largest and most active Taiwan-oriented global online community in English … 362#370362](Conjugal Partners? Absolute Community? Absolute Separation? - #2 by Conjugal

7

The penalty used to be up to one year’s imprisonment and both parties to the affair can/could be prosecuted.

If the sentence was less than six months then one could have the sentence converted into a fine.

Foreigners have been convicted of adultery in Taiwan.