Adultery and Divorce.
In order to file for a divorce in Canada, one spouse must prove there is a breakdown in the marriage. There are three areas that the courts will consider to be a marriage breakdown. They are as follows:
1. If you and your spouse have been living separate and apart for one year or more;
2. If one spouse committed adultery;
3. Mental or physical cruelty that was too intolerable to remain in the marriage.
We help families in crisis when they suspect their spouse is having an affair. It is difficult to prove adultery. In order to prove adultery, we would have to show that your spouse engaged in sexual intercourse outside of the marriage. If your spouse admitted to adultery, that would be recognized by the courts as evidence, providing the spouse signed an Affidavit admitting to the adultery.
Generally, we are hired in these circumstances to provide peace of mind to our client, so that they can deal with the issue with their spouse, particularly when the person having an affair denies it. We will follow them and provide physical evidence of their activities along with a detailed report. This report can be filed as an exhibit, if we find evidence that is relevant to any future court proceedings. We will sign an Affidavit on your behalf. This Affidavit will form part of the court proceedings and therefore may be subject to cross-examination by the opposing lawyer. We have testified in many court cases over the years.
Call us today at (204) 233-3439.