Unlike the complex discussion of how Adultery affects couples psychologically and emotionally, it is one of the established grounds for divorce in Canada.
The understanding of Adultery in the Canadian context carries some complexities. Specific nuanced criteria need to be met for a divorce to be awarded based on the grounds of Adultery. In this article, we will address the impact of Adultery on Divorce in Calgary and how a divorce lawyer can help in this situation.
The Grounds For Divorce in Canada
According to the Divorce Act in Canada, there are 3 grounds for legal divorce in Canada:
1. One-year separation
3. Physical and mental cruelty
The most common ground for filing for divorce in Canada is a one-year separation. If you choose to file for divorce using the grounds of Adultery, the party who committed Adultery must sign an affidavit stating specific details regarding the same.
Filing for Divorce on The Grounds Of Adultery
If you decide to proceed with filing for divorce using Adultery as the grounds, there are some essential aspects to consider. For starters, mere suspicion is not enough to prove the claim; you will have to prove the other party was unfaithful by having them swear an affidavit stating the details of the affair.
This can be extremely difficult as many people do not want this to be part of the public record. As well, an emotional affair is not accepted as Adultery. The law states there must be physical and sexual relations outside the marriage. And the length of the affair does not impact the divorce; it could have been a 1-time fling or an ongoing relationship. Finally, the Adultery must have occurred before the divorce application is brought.
With all the complex subtleties of filing a divorce on the grounds of Adultery, seeking legal advice from a divorce lawyer in Calgary is recommended.
Cheating Over The Internet/Phone
With the advancement of technology, divorce cases involving online infidelity have seen a noticeable increase. However, long-distance interactions or communications over the phone are typically not categorized as Adultery by the court.
The court defines Adultery as a physical, sexual relationship between a spouse and a third party outside the marriage. Activities with sexual undertones are generally not recognized as such under the stipulations of the Divorce Act.
Does Adultery Affect Child Custody & Child Support?
In Canada, there is no impact of Adultery on child custody and child support in a divorce. The Courts consider the child’s best interest over marital misconduct, meaning Adultery alone will not influence custody decisions unless the Adultery negatively influences the unfaithful spouse’s parenting.
Similarly, Adultery does not affect child support obligations which is determined by parents’ income, number of children, and custody arrangement. However, if an affair significantly depletes family finances, it could potentially impact child support calculations.
It’s essential for those facing such complex and emotionally charged situations to seek legal advice from an experienced divorce lawyer in Calgary to safeguard their rights and their children’s best interests.
At Jones Divorce & Family Law, we understand the emotional and legal challenges that come with the dissolution of a marriage, and we are committed to helping you achieve the best possible outcome. Connect with us today to learn more.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.