Adultery & Divorce
Divorce is the legal process in a marriage when a married couple decides to live apart hence. While there are several grounds for a divorce, it takes the authorization and awareness of a court to end a marriage.
According to the latest Statistics Canada data, nearly 38% of all marriages end in divorce, with the divorce rate peaking around 41% in the 1980s. From what we observed, the divorce rate seems to decrease as spouses stay committed to marriage.
In Toronto (as elsewhere in Canada), the Divorce Act requires that a couple must be separated for one year to be qualified for a divorce.
Among other reasons, we identify the most common reasons why people file for divorce as either an infidelity act by their partner or spousal desertion. Divorce is a life-changing decision. So, you must be sure what you want before filing for one.
Legal Reasons or Grounds for Divorce
Adultery or Infidelities
Committing adultery or infidelity is when your spouse is involved in a sexual relationship with someone else. If otherwise, you don’t have legal rights to file for a divorce.
However, if you suspect your spouse cheats on you, and are considering filing a legal divorce, you need to have proof of cheating.
Knowing that stalking isn’t legal, and you must not be involved in the act, how then do you get proof that your spouse is cheating?
A licensed Private Investigator can help you get proof of infidelity by engaging in discreet surveillance. Once a documented proof is available, it makes your lawsuit and divorce process easier. Moreover, with evidence of infidelity, your prenuptial negotiation and benefits are achievable – provided you signed one.
The second top reason for divorce is spouse desertion. It occurs when a spouse leaves the marriage for a period, usually a year, without a mutual agreement or relating the problem to the other spouse. When this happens, the other partner takes full responsibility of catering for the home and children (if applicable). Sometimes, it requires that the deserted partner runs their business alone.
If the deserted must file a legal divorce, he or she will be required to provide evidence for desertion with a no-fault state. For this reason, hiring a Private Investigator may prove helpful and relevant.
Usually, when your spouse stays apart for a year, filing a divorce may be your best option. They already gave you a sign they’d like to have a divorce.
However, the only condition for a spouse to file for divorce while living with the other partner is by providing proof to live separately. Some examples of such proofs include living in separate rooms, have no sexual relationship, don’t eat together, don’t do any household chores together, and more.
Steps to Take Before Getting a Divorce
We arrange the steps involved in the sequence below:
- Firstly, Gather Records
- Talk to a Lawyer
- Open New Financial Accounts
- Own Your Credit
- Stay in the Family Home
- Secure Digital Data
- Change Your Estate Plan
- Consider Your Children
What then are the Criteria to Apply for a Divorce in Canada?
According to the Department of Justice, the following must conditions are determinants:
- You and your spouse are legally married under the laws of Canada, or that your marriage is recognized.
- Your marriage is completely broken down.
- You and your spouse lived in Canada or territory where you apply for a divorce for one year immediately before initiating your application.
Note that if your spouse meets someone behind your back, it’s not regarded as infidelity. Your spouse MUST be involved in a sexual relationship for you to claim adultery.
If you are beginning or already in a divorce proceeding and have a prenuptial agreement you feel is unfairly burdening you, contact us TODAY for a free evaluation of your case.