Pearce DucharmeFamily Law
Pearce DucharmePeople can obtain a divorce in Canada for three reasons: one year separation, adultery or cruelty. One year separation requires that the parties have lived separate and apart (even if they are in the same home) for one year and that there be no reasonable prospect of reconciliation.
Adultery requires that the other (cheating) party to the adultery be made a party. When proceeding on the grounds of cruelty, the person seeking the divorce must show that the cruelty rendered cohabitation impossible. Very few spouses will admit to cruelty or adultery and because of evidentiary burden, in practice most divorces go through the system based upon one year separation of the parties. Adultery does not usually affect custody or the division of property.