Tag: Proof of Cheating
Proving Infidelity in Divorce Court: Legal Strategy

Why Proof of Infidelity Can Still Matter in Ontario
Overview of Ontario’s No-Fault Divorce Law and Why Infidelity Alone Does Not Affect Divorce Eligibility
- Grounds for Divorce under the Divorce Act
Under the federal Divorce Act, the breakdown of the marriage is the only real requirement for obtaining a divorce.
There are three ways to show the marriage has broken down:- Living separate and apart for at least one year;
- Adultery;
- Mental or physical cruelty
Using adultery (infidelity) as a ground gives a “fault” option but is less commonly used in practice. Most divorces proceed via the one-year separation ground because it is simpler to establish.