Can adultery speed up divorce?

Questions & AnswersCategory: Steps to DivorceCan adultery speed up divorce?
AvatarAnonymous asked 3 months ago

Can adultery speed up divorce?

1 Answers
AvatarRosemary Bocska Staff answered 3 months ago

It is possible.

Under Canadian law, to be entitled to get a divorce there must simply be a “breakdown” of your marriage. The most common way to meet this threshold is simply by living separate and apart from your ex for at least a year. However the threshold can also be met if you can establish either of two alternative grounds — one of them being adultery (the other is mental or physical cruelty).

More to the point: A breakdown of the marriage occurs where your spouse committed adultery, and you did not live together with him or her for more than 90 days after discovering it. If adultery is proven, you can avoid having to show a one-year separation period.

With that said, it is rare for couples to apply for divorce under this ground, because proving adultery can be time-consuming and therefore more costly than merely waiting a year.

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