Who does this apply to?
To petition for divorce on these grounds of adultery, you must be able to prove that your spouse had sexual relations with a member of the opposite sex, which in turn made living with your spouse unbearable. Although you are allowed to name the person your spouse had an affair with, it is neither required nor advisable as it may aggravate the conflict. The most common way to prove adultery is by confession of the guilty spouse.
Bear in mind that although these proceedings may be started while you and your spouse are still living together, you can no longer claim these grounds for divorce if you are still living with your spouse six months after you learned of the affair. In this case, or if your spouse’s extramarital affair was short-lived, it is better to start divorce proceedings on the grounds of ‘unreasonable behaviour’.
It is important to bear in mind that these grounds for divorce can only be claimed by the spouse who is the victim of the adultery. In other words, you cannot use these grounds if you yourself are the adulterer. However, you can invoke the ‘unreasonable behaviour’ of your spouse, providing you have some evidence to support that claim. If not, your petition for divorce will be problematic.
Want to ask a question?
For a confidential discussion about your particular situation or requirements, you can contact Peggy Lethier by telephone or email: Contact