Can I File A Simple Divorce Based On Adultery?
One way to show that your marriage has broken down in Canada is if your spouse has committed adultery. While spouses try to reconcile their differences to avoid a breakup, adultery in marriage is one factor that may not work out. Any marriage breakdown is proven by:
- The fact that one spouse engaged in adultery
- One spouse has physical, mental cruelty, and
- Both spouses have lived apart for a year
According to the Divorce Act, where any of the above criteria is proven, one can comfortably divorce their spouse. The fastest and easiest way to this process is by filling for a simple divorce in Ontario. One main question for any spouse filing for such divorce is whether there could be any legal implication to file for divorce in Ontario based on adultery.
Do I Need To Prove Adultery When Filling For Simple Divorce?
It’s rare for the court to ask one to prove adultery during divorce in Canada, but in some unique cases, where adultery may prove to affect the court decision, such may be required. For any divorce settlement, the court has to prove that adultery took place. When filing for divorce in such manner, you may consider the below points:
- One act of adultery is enough to show a marriage breakdown
- Suspicion of adultery cannot stand as a proof
Who will prove adultery?
- The accused spouse can admit that they committed adultery or,
- The third party with whom they had an affair can also testify.
The court does not need to have evidence that you caught your spouse in the act with someone else. You only need to show that your ex-spouse has an opportunity that they used to commit adultery. However, the court becomes more satisfied with your evidence when you can pinpoint the place and time of adultery.
Will Adultery Affect Child Custody, Support, Or Alimony?
Though you may have to use adultery as a factor of marriage breakdown, this doesn’t mean that you will have a smooth divorce settlement. However, suppose such an affair affected your marital assets, children. In that case, the judge may use such when coming up with a decision on child custody and factor the same when dividing assets.
Generally, adultery has no impact on how the court rules out the outcome of your divorce case. Meaning it doesn’t mean that your cheating spouse will receive fewer assets or will not be allowed child custody. However, if infidelity seems to have an adverse effect on your children, child custody may be a factor considered by the judge. Again, if the spouse who committed adultery chooses to remarry and live with the children and the children seem to be exposed to a certain kind of trauma, then this may be considered to be against child best interest.
Hire A Lawyer
When making decisions about divorce, both spouses should collaborate and decide on all major factors affecting their children. Coming up with a separation agreement helps you determine what can work well during and after divorce. It makes it less cheap, as it may prevent you from going to court. Before applying for your divorce, it’s always advisable to have legal advice from a divorce lawyer, because provinces and territories have different rules.
