Adultery, Affairs and Divorce – What Cheating Means

Adultery is a clear proof that the marriage has broken down and is grounds to apply for a formal Divorce Decree.  What many do not understand though, is the Divorce Decree is the formal document that ends your marriage but does not deal with any marital issues such as children, dividing up possessions, separating debts, child or spousal support , the matrimonial home, etc.

In Ontario, all of these items are dealt with either out of court, through a Separation Agreement or through the courts, by making an application regarding custody, access, support and property arrangements. 

• Just because there was adultery, does not mean that you must divorce.  The choice to reconcile, forgive or divorce is a personal choice.
• It is an adulterous affair even if your spouse cheats with a person of the same-sex.  Adultery is defined by the courts as voluntary sex outside of marriage, between a spouse and someone else.
• Cybersex, phone sex and other forms of sexually-charged activity, if conducted without actual physical sexual relationships from a distance, generally do not qualify as “adultery” as used in the Divorce Act.
• It does not matter how long the affair was going on to be considered adultery.
• A single act of adultery is a sufficient basis on which to bring a divorce action. 
• The mere suspicion of adultery is not enough to prove adultery, nor is claiming  that that the other spouse had the opportunity to cheat.
• You do not need to prove adultery with physical evidence like photos, or by catching your spouse in the act, etc. The Court only needs to be reasonably satisfied that adultery has taken place.
• There is no requirement that the party with whom the adultery is taking place must be named or identified.