One of the questions I am frequently asked is “Can I name other woman (or man) in my Divorce Petition”.

My answer is always yes, but...

It is understandable that you are going to be very upset and angry if you find out that your spouse has had sexual relations with a member of the opposite sex, even more so if this relationship has led to the breakdown of your marriage.  The temptation to “name and shame” is very strong and the thought of the Petition being hung on the door of the Court for all to see is very tempting.

But this won't happen.  Divorce Proceedings are private proceedings which means that any hearings are held in private and documents are not available to the Public.  The only people who see the Petition are the parties, their legal representatives and the Judge and Court staff.

Also by naming the Co-Respondent the Petition will have to be served upon them and they will have to complete a form and return it to the Court.  If they delay or do not do so this will make matters take longer and could incur more costs for you.

If there are children involved and you are trying to keep on good relations for their sake then naming the third party can also create more animosity which affects them as well as you.