Top 5 Questions About Adultery and Divorce in Ontario It seems that celebrity gossip tabloids will never have a shortage of topics to cover, as long as there are stories about extramarital affairs by successful, high-profile celebrities.Most recently, it has been alleged that Arnold Schwartzenegger fathered a child with the housekeeper employed in the home he shared with his wife of 25 years; prior to that, Tiger Woods has admitted to having sexual trysts with at least 14 women outside of his relatively short marriage.One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.At the end of the litigation, the court issues a decree of legal separation.Leaving aside the intriguing question of how adultery affects couples psychologically and emotionally (and why such powerful, successful people would jeopardize their marital relationships in this manner), the legal effect of adultery is quite clear.In Ontario (as elsewhere in Canada), the laws relating to divorce based on a adultery are governed by the federal , which provides that a “breakdown of a marriage is established only if the spouses have lived separate and apart for at least one year or the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty.” (Note that it must be the other party who commits the act: a spouse cannot apply for a divorce based on his or her own adultery).
The decisions of a judge are binding upon the parties to the proceeding, and are subject to appeal.
This section will also address some common questions about sex and new relationships after separation.
The next section, Separating Emotionally, talks about the emotional dimensions of separation and how those emotional issues can influence the resolution of the legal issues.
2) What if the extramarital sex occurred only a single time? A single act of adultery is a sufficient basis on which to bring a divorce action.
And technically speaking, as long as the adultery was committed by one of the spouses, the other spouse has legal grounds under the to proceed with a petition.