Saturday, 28 February 2015

Divorce because of Adultery or Abuse

No matter what reasons are sited for the dissolution of the marriage, whether adultery or mental or physical cruelty, Canada's 'No-Fault' divorce regime means that no one needs to prove that either spouse did anything 'wrong' that would cause the breakdown of the marriage: the divorce is no one’s fault.

Generally, allegations of adultery, mental or physical cruelty are only relevant for the purpose of shortening the time that spouses need to be apart before a divorce will be granted by a Judge of the Court. If you are asking for a divorce because of adultery or mental or physical cruelty, your divorce may be processed before the 1 year mark, but you must prove these allegations. This in mind, most people choose to avoid delving into such personal and painful facts if there is no absolute need to do so.

In order to get a divorce all you need to establish is that you have been living separate and apart from your spouse for a period of at least 12 months year and it does not matter which spouse left the marriage or why. It is important to know that you can apply for a divorce at any time after it is established that the relationship is over but the Courts will not sign the Divorce Order until after the 1 year mark.

In Canada, the vast majority of divorces proceed on the basis of the 1-year separation. It is only in the rarest of cases where factors of adultery or cruelty affect property distribution and support outcomes.

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