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Separated for 2yrs

Posted in Location, Ontario, Separation, Toronto Downtown Core by Questions on July 22, 2013

I’ve been separated for 2 years now. I recently started to date someone. My question is when I file for Divorce can my spouse say that I committed Adultery as a cause of the Divorce??? I never cheated on him during the marriage, but now that we’ve been separated I don’t want him to use that as an excuse?

Please Advise…..

1 Expert Comment

  1. On July 23, 2013 at 11:01 am
    Jennifer M. Long, B.A. J.D. said:

    You have been separated for 2 years and if your ex said there was adultery (though it was after separation), it would have NO bearing on your Divorce. We have a “no fault” system and the grounds for divorce would be 1 year of separation. There only needs to be one legitimate grounds for separation and in this case, the separation of over 1 year would suffice. You should contact a family law/divorce lawyer to assist you in filing the divorce.

    Jennifer

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