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Repercussions of adultery as the cause for a divorce

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Anonymous Asked:

What are the repercussions of using adultery as the grounds for a divorce? If the spouse is willing to admit to having an affair (and it is proven, and truthful), what repercussions would the adulterer suffer? Would the 3rd party have to be brought in? Is it made public anywhere?

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A Family Lawyer
6 years ago

Divorce-Canada.ca website has an article "Understanding Grounds of Divorce in Canada". That information should be reviewed. There are provisions in relation to custody and access and support that state misconduct is not to be taken into consideration on those issues, unless it relates to the children's best interests or is somehow material to the support issues. Family Law is not for the purpose of correcting adulterous behaviour, or making things public. It is important to be able to work with a family law lawyer from the perspective of a calm state of mind and make reasonable decisions, and if previous emotional issues are going to escalate decisions then that should be fully discussed with a family law lawyer. It could also be mentioned that there may be a ground of tort claim if the straying spouse picks up a disease.

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