Adultery as Legal Basis for Divorce in Ontario

Legal Basis for Divorce in Canada – There are three bases for divorce in Ontario: (1) separation for a year; (2) adultery; or (3) physical or mental cruelty. does not assist with divorces based on abuse/cruelty.

Adultery:  You cannot file a simple divorce in Ontario based on your own adultery, nor can you file a joint Ontario divorce based on adultery. The ‘innocent’ spouse must be the one to file for divorce based on adultery in Ontario. In an ‘uncontested’ divorce, the cheating spouse must generally admit to the adultery in writing (we have a form for this).

Separation: Click here to read more about separation for a year as the legal basis for your divorce in Ontario.