Video: What can I do if my spouse doesn’t want to get divorced?
As mentioned in previous sections of our Divorce Center, there are multiple ways to prove the breakdown or invalidity of a marriage. The most common being whether a couple has lived separate and apart from one another for one year or longer.
Family Law can be complicated. An internet site or other generalized source of information cannot possibly cover or consider all scenarios in order to provide comprehensive advice to parties contemplating separation. It is vital that the parties learn and understand their rights in connection with their specific scenario and that they get advice pertaining to their personal circumstance.
Unlike the complex discussion of how adultery affects couples psychologically and emotionally, the legal effect of adultery is quite clear. In Ontario (as elsewhere in Canada), the laws relating to divorce based on adultery are governed by the federal Divorce Act, which explains that a “breakdown of a marriage is established only if the spouses have lived separate and apart for at least one year or the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty.”
The third and final mode to prove there has been a breakdown of the marriage is through showing a presence of physical or mental cruelty. This can take many forms and may result in complex legal questions, which can become an unfortunately distressing situation that Family Law practitioners come across all too often.