In Canada, divorce is no longer “fault” based. This means that neither party needs to have done something wrong for the court to grant you a divorce. The Divorce Act states that if you and your spouse has lived separate and apart for at least one year, or the spouse with whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty, a breakdown in marriage has occurred. So, under this Act, you can divorce your spouse if they have committed adultery.
However, under the Act, you can also divorce your spouse simply by living apart for one year. Claiming adultery has no benefit other than avoiding the one-year waiting period. Additionally, if you wish to claim adultery, you will have to show evidence to the court. This may be much more difficult to prove than simply being separated for one year. It could also cause more conflict in your divorce, and may result in more court time and more expenses.
