Family Law

Proving Infidelity in Divorce Court: Legal Strategy

Infidelity in Divorce
 

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

  1. 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.
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