Infidelity, also known as adultery, is indeed one of the leading causes of divorce globally, and Calgary, Alberta, is no exception. When an individual in a marriage engages in extramarital affairs, it leads to betrayal, often causing immense emotional turmoil and leading to the breakdown of trust in the relationship.
In Canadian law, including Alberta, adultery is one of the legally accepted grounds for divorce. According to the Divorce Act, a spouse who wishes to file for divorce on the grounds of adultery does not need to wait for a separation period, unlike the case for no-fault divorces.
The accusing party must provide evidence to the court that adultery took place. This might involve hiring a private investigator, obtaining witness testimonies, or presenting other forms of evidence. However, the adulterous party’s admission of their infidelity can also suffice.
It’s important to note that the accusing party cannot have condoned or forgiven the adulterous act. If they continued to live and engage in marital relations with the adulterous party after learning about the infidelity, the court might not consider adultery as grounds for the divorce.
Implications of Adultery on Divorce Proceedings
It is crucial to understand that while adultery may grant a legal ground for divorce, Canadian courts do not consider it when determining spousal support, child custody, or property division. Canada’s divorce system operates under a ‘no-fault’ principle, which means the reasons for the divorce do not impact these aspects of the divorce settlement. The primary focus of the court remains the welfare of the children and equitable division of property.
However, it’s worth mentioning that adultery can indirectly influence decisions regarding child custody or visitation rights. For instance, if the adulterous relationship exposes the child to inappropriate situations, the court may take this into consideration while deciding on child custody.
Beyond the legal aspects, the emotional ramifications of adultery can be profound and far-reaching. The feelings of betrayal can damage the trust in a relationship, often beyond repair. Many individuals might experience emotional distress, depression, anger, or feelings of rejection. Couples counselling or individual therapy can be beneficial during this difficult period, helping individuals navigate through these complex emotions and decide on their next steps.
Seeking a divorce due to adultery in Alberta is a deeply personal and often painful decision. However, if it’s necessary for one’s emotional well-being, it is essential to understand the legal grounds and implications associated with it. The legal system in Calgary, Alberta, along with various emotional support resources, are in place to aid individuals through this challenging process.