Adultery gives Divorce grounds in Canada.
Adultery If you have not been living separate from your spouse for over one year and you do not want to wait for the year to be up to qualify for a divorce under that ground, you may be able to obtain your divorce much sooner by filing for your divorce on the grounds of adultery.
Adultery occurs when either the husband or the wife has sexual intercourse with another person while still legally married to his or her spouse. The adultery need not take place when the spouses are still living together to qualify as "adultery". Even after the spouses have separated, if one party has sexual intercourse with someone else, it is still adultery.
However, if the adultery had taken place during the time the spouses were living together, and the other spouse, even though he or she knew that the adultery had occurred, continued to live as husband and wife with the (adulterous) spouse for a period of three months or more, then that act of adultery can not be used as a ground for divorce, because under the present law, the injured party is said to have "condoned" the adultery by continuing to live in a husband and wife relationship with the adulterer. In order for the adultery to be used as a ground for divorce, the injured party must separate from the adulterer within three months of having learned of the adultery.
If your spouse is willing to admit to the adultery by swearing an affidavit to that affect before a clerk at a government office, then this is sufficient evidence of the adultery. And your divorce will still be considered a "simple" divorce for the purposes of our fees.
Your spouse can be assured that adultery is not against the law. There is no criminal sanction against adultery. It is simply a ground for divorce. We must, however, in order to proceed under this ground, be able to determine that there was no collusion or "connivance" on your part, in relation to the adultery.
Adultery, abuse could cost in divorce.
Proposal would let wronged spouse be compensated for pain, suffering.
Victims of adultery or other marital wrongdoing could collect damages from the spouse that wronged them under a proposed law gaining bipartisan support in the Tennessee legislature.
The bill would allow spouses in a divorce case who claim adultery, abandonment or domestic violence to get more than half of the marital assets.
It comes during a legislative session with a new Republican majority in the state Senate that is emphasizing proposals such as a constitutional ban on gay unions.
But lawmakers on both sides of the political aisle are supporting the bill, which is raising eyebrows in the legal community with some lawyers arguing that it will make divorces more combative, while other attorneys see it as a good way to compensate victims, especially those of domestic violence.