In Canada, divorce is no longer “fault” based. This means that neither party needs to have done something wrong for the court to grant you a divorce. The Divorce Act states that if you and your spouse has lived separate and apart for at least one year, or the spouse with whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty, a breakdown in marriage has occurred. So, under this Act, you can divorce your spouse if they have committed adultery.
However,... MORE »
The divorce act says that a breakdown of a marriage is established if the spouses have lived separate and apart for at least one year OR if the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty. This means that yes, you can divorce your spouse if they have committed adultery.
There is a large however in this case which is that you can also divorce your spouse simply by living separate and apart for one year and there... MORE »
While it is true that sometimes a judge will consider past conduct of a parent in making a custody order, Section 16(9) of the Divorce Act specifically sets out that the past conduct of a parent will only be relevant where it speaks to that person’s ability to parent a child. The case law in this area of family litigation says that adultery does not damage a person’s ability to parent a child.
Although this result that Adultery does not affect a claim for custody is contrary to what many people... MORE »
While you can use text messages as evidence in court, you should not be prying into the private documents and devices of your spouse and “sexting” will not be considered sufficient evidence to prove adultery in the courts. You may open yourself up to a civil lawsuit if you provide evidence to the court that you have engaged in inappropriate spying on your spouse.
Even if you could use it, evidence of “sexting” may not be helpful in your court case as it will not be considered towards a parents ability... MORE »