Affairs, Adultery & Spying FAQs

Can I divorce my spouse if they have committed adultery?

The divorce act says that a breakdown of a marriage is established if the spouses have lived separate and apart for at least one year OR if the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty. This means that yes, you can divorce your spouse if they have committed adultery.

There is a large however in this case which is that you can also divorce your spouse simply by living separate and apart for one year and there is no advantage to claiming divorce based on adultery other than to avoid the one year wait period. There is a disadvantage to claiming adultery which is that you will have to provide evidence to the court of the adultery which is much more difficult to prove them separation for one year, and also that you may end up causing increased conflict in your divorce proceedings.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.