Just as there are reasons for getting married, there are various grounds for divorce. In Canada, the Divorce Act outlines three legally recognized reasons for ending a marriage. Before we explore each of these, it is important to note that the Canadian court’s primary concern in divorce cases is the breakdown of a marriage not assigning fault. For this reason, the Canadian divorce system is known as a “no-fault” system.
Grounds for Divorce # 1: Separation
Wherever you or your spouse live, if you live separately and apart for a year with no possibility of returning to cohabitation, you have grounds for a divorce. It is significant to note that “living separately and apart” can apply to married couples who share a residence out of economic necessity if they no longer:
Share meals
Coordinate their activities and schedules
Share household chores and responsibilities
Fulfill matrimonial obligations towards each other such as offering emotional support, Companionship, or physical intimacy
Present or describe themselves as a married couple
Grounds for Divorce # 2: Adultery
When one spouse is having voluntary sexual relations with someone other than their spouse, the spouse has grounds to file for divorce, but the adulterer does not. It can be difficult to prove a spouse’s infidelity in court, but a lawyer can help you navigate the particulars of filing for a divorce on the grounds of adultery. Your lawyer will also guide you through the requirements for submitting sufficient, credible evidence of adultery and provide legal assistance throughout the divorce process.
Grounds for Divorce # 3: Cruelty
Mental or physical cruelty that is severe enough to make cohabitation unsafe, unhealthy, or intolerable is grounds for divorce. Examples of cruelty include:
Physical violence
Constant private and/or public verbal abuse, humiliation, nagging, belittling, demeaning, etc., including publicly flaunting adultery or accusing a spouse of adultery with no proof
Controlling behaviours such as threats, withholding money, or emotional blackmail
Conduct that is highly insulting, intolerable, or dangerous to the mental or physical health or life of a spouse, child, or other family members. This can include:
Excessive drug or alcohol use
Failing to disclose having a sexually transmitted disease and not abstaining from sexual relations with their spouse
Neglect and abandonment
Displays of extreme rage or anger with screaming or yelling, with or without violence
Unless hospitals or police have been involved, it can be challenging to prove cruelty in court, and court proceedings can be difficult without the help of a lawyer.
Where to Find a Lawyer in Niagara Falls
If your marriage has broken down for any reason, including adultery or cruelty, and you want a divorce, contact me, J. Leigh Daboll. LL. B. My Niagara Falls team and I have nearly 30 years of combined experience helping people file for divorce and make their way through the rest of the divorce process, including child custody and the resolution of other family law matters. Call our office for quality legal support for your divorce at a fair price.