In Canada, divorce is regulated by the federal government and the Divorce Act recognizes three primary grounds for divorce:  one year of separation, adultery, and cruelty.

The most common and straightforward is a year of separation. Adultery and cruelty are also valid grounds but are typically very complex cases because they require proof.

One Year of Separation

Ontario allows for a no-fault divorce, which simplifies the process significantly. This type of divorce requires a one-year separation period. During this time, spouses live separate and apart. They can still reside in the same household, as long as they lead independent lives. 

It should be noted that a person can commence an Application for Divorce in Ontario before they have been separated for a year. In fact, you can file the Application for Divorce on the same day as the start of the separation. However, the court cannot grant the final divorce until the full 1 year has passed.

Adultery

With adultery, one spouse must prove that the other engaged in a sexual relationship outside the marriage. The person with whom the cheating spouse engaged in adultery must also be named and proven. 

As a general rule, unless the cheating spouse admits to the adultery, trying to prove that the adultery happened takes longer than 1 year and courts will typically grant the divorce using the 1 year of separation ground at that point.

Cruelty

Cruelty serves as a basis for divorce when one partner is subjected to inhumane treatment. This can be either physical or mental. Establishing cruelty requires evidence of the harmful actions and their impact on the victim’s well-being. Proper documentation and witness testimonies can help support such claims.

No Fault Divorce

The Divorce Act emphasizes a “no-fault” principle. This means that even if adultery or cruelty is proven, it does not change the “corollary relief” issues in a divorce. 

The “corollary relief” issues are spousal support, child support, and parenting and decision making responsibility for children. In short, even if your ex committed adultery, it’s not something that the courts weigh in deciding whether they should have parenting time, or receive spousal support.