When either of a couple commits adultery, or any of the facts necessary for the ground of divorce, the guilty spouse sets the ball in motion for the innocent spouse to file for divorce. It is not the innocent spouse who should be blamed for instituting divorce proceedings, but rather the guilty spouse who has instigated and committed the very act which has caused a breach in the marriage covenant.

“Another way of looking at it is that the guilty party is the one who first makes the decision to kill the marriage when he commits the original offense. He is the one who actually dissolves the marriage covenant, not the innocent party. So, the innocent party is free to divorce, and even to remarry, under the general cause/effect principle.”

Ray R. Sutton, Second Chance: Biblical Blueprints for Divorce and Remarriage (Ft. Worth, Texas: Dominion Press, 1988) p. 61

Where is the Co-Adulterer?

Bringing a petition for divorce against your spouse on the basis of adultery requires that you specifically name the person with whom your spouse allegedly committed the adultery – the co-adulterer; and not only that, you must make the adulterer a party to the petition along with your spouse. The person so name would become the co-respondent.

A story is told in the Bible of a woman caught in the very act of adultery. She was brought to Jesus for his opinion on what should be done to her. Jesus’ answer was simple: “He that is without sin among you, let him first cast a stone at her” (John 8:7). And one by one the woman’s accuser’s left her alone. Of all the interpretations of this statement, here is one of my favourites:

“… the accusers brought only the woman, yet she had been caught “in the very act.” Where was the adulterous man? Why were they asking Jesus to pronounce judgment only against her? Biblical law requires that they both be put to death (Leviticus 20:10)… What was Jesus saying? He said that a person cannot bring charges against another if he is guilty of the same offense. When Jesus said, “He who is without sin among you, let him throw the first stone,” He was really saying, “If the accusers were not involved in adultery with this woman or another woman, then let them throw the first stone… Christ was simply firming the law that you can’t bring a charge against someone for the very thing of which you yourself are guilty.”

Ray R. Sutton, Second Chance, pp. 177-179.

The Unknown Co-Adulterer

Where, however, you are definite that the adultery has been committed, but are unable to discover the co-adulterer’s name, you can simply call the person “Unknown” while filing the petition. But you must state the steps and efforts you have taken in trying to find out the unknown co-adulterer’s name.

Naming the Co-Adulterer

In order to succeed with a petition for divorce brought solely on the basis of the adultery of the guilty spouse, you must name the co-adulterer as a co-respondent to the petition. Otherwise, the petition would be thrown out of court as incompetent. It is a prerequisite of the Matrimonial Causes Rules. Unless the guilty party has admitted or is willing to admit guilt, you can’t sue your spouse for divorce solely on the basis of adultery without also suing the co-adulterer along with him/her.

This is one of the chief reasons why petitions for divorce on the basis of adultery fail. It is far better not to mention adultery at all than to plead adultery and not include the co-adulterer as a co-respondent. Better to bring the divorce on other existing facts than adultery if you know that you are not willing to sue the co-adulterer.

Many spouses erroneously believe that simply mentioning the name of the co-adulterer in the body of the petition without adding him/her as a co-respondent is sufficient to warrant the court making an order of dissolution of marriage on the ground of adultery. The co-adulterer under such circumstances is referred to as “party cited”. This is really a misnomer, because, according to the rules, only a respondent can cite a party with whom the petitioner has allegedly committed adultery.

If you are a petitioner, however, you must add the co-adulterer as a party (co-respondent) to the petition, not just merely cite him/her in the petition.

Articles on this site are meant to provide general knowledge on divorce law in Nigeria and do not, by any means, substitute for proper consultation with legal experts.�Need help? Go Here!