Is Adultery Considered Ground For Divorce In Ontario?

Under the federal Divorce Act, divorce is granted if the marriage has broken down. A marriage is said to have broken down if the spouses have lived separately for a year or more, if adultery has occurred or there is evidence of mental or physical cruelty. Keep in mind when filing for divorce in Ontario, it must be the other spouse that commits adultery, a person cannot apply for divorce based on his or her own adultery, as is the case with family law matters today.

With that in mind, adultery is one of the established grounds for divorce in Ontario. Here are some details regarding adultery as the cause of divorce.

Length of Time of the Affair

The length of time the affair has been taking place does not matter provided that one of the spouses and the other spouse has filed for divorce. Keep in mind that you can only file for divorce if you are certain that it occurred and not out of mere speculations.

Evidence of the Extramarital Affair

You are not required to provide evidence to prove that adultery took place. Instead, you are required to convince the court beyond reasonable doubt that adultery did take place. This can be achieved by inference, whereby, the facts and circumstances can lead the court to conclude that adultery had taken place. Keep in mind that suspicions of adultery is not sufficient to prove that the other spouse did cheat. The court does not require the other person be named or identified.

Legal Separation and Adultery

The term legal separation refers to a court order, which sets the terms under which spouses will live. With a legal separation, spouses are living together though technically, they are still married. A court judgment under the Canada divorce Act can legally end your marriage. If you become involved with someone else during this time, you are committing adultery.  This could complicate matters especially property and alimony rights. Adultery during separation can make negotiating a divorce agreement very difficult.

Cheating Over the Internet

Sexting and other forms of sexually activities conducted at a distance do not qualify as adultery. To qualify as adultery, there must be a physical sexual relationship between one of the spouses and a third party to the marriage.

Bear in mind that for your petition to be successful, you must be innocent of the acts alleged to have been committed by your spouse. Before filing for divorce, make sure you consult a divorce lawyer. A divorce lawyer is well informed with the laws that pertain to divorce and he or she can advise you accordingly.