According to a recent Research Co. survey, many young Canadians feel differently about adultery than their parents. This could lead to fewer people asking the question, “How does adultery affect divorce in British Columbia?”
The 2021 poll found that 73% of Canadians between the ages of 18 and 34 believe adultery is morally wrong. Just 69% of those over 55, meanwhile, share this same sentiment.
This difference of opinion may lead to a decline in divorces caused by adultery in the not-too-distant future. But for now, ”How does adultery affect divorce in British Columbia?” is still a question many married Canadians might ask.
Find out the answer below.
Adultery and Its Overall Impact on Divorce in British Columbia
Unfortunately, you may not like what you hear if you’ve been left to wonder, “How does adultery affect divorce in British Columbia?” after learning your spouse has been unfaithful. The quick and easy answer to this question is “not much at all.”
Canada relies on a no-fault system to settle divorce cases. As a result, a marital misconduct issue like adultery probably won’t have an impact on spousal support, child support, child custody, property division, or any other aspect of your divorce proceedings if you decide to part ways with a cheating spouse.
Some extreme cases of adultery might affect divorce orders, but these instances are few and far between.
Adultery As Grounds for Divorce
You might not like hearing the initial answer to the question, “How does adultery affect divorce in British Columbia?” But one thing that you will appreciate is that you can use adultery as grounds for divorce in British Columbia.
The only acceptable legal grounds for divorce in Canada are:
- Separation for at least one year
- Adultery
- Cruelty
However, using adultery as grounds for divorce might complicate certain cases. If you cite adultery as the reason for a divorce, you must prepare to provide a court with credible evidence that proves your soon-to-be ex-spouse was engaging in an extramarital affair. This is often more trouble than it’s worth.
A British Columbia divorce lawyer may suggest using separation as grounds for divorce to simplify your legal proceedings. Proving you’ve been separated from your significant other for a year is typically easier than proving they cheated on you.
Adultery and Its Effect on Divorce Negotiations
At this point, you might be under the impression that adultery will have next to no impact on divorce proceedings in British Columbia. But there is one area in which adultery will play a big part in the divorce process. Adultery may prove to be problematic during divorce settlements.
When one spouse either suspects another spouse of adultery or knows for a fact that their spouse was cheating, it may create tension during negotiations. This will make it challenging to come to agreements on important issues like:
- Child custody and child support
- Spousal support
- Debt allocation
- Property division
Hiring a skilled mediator when you’re left thinking, “How does adultery affect divorce in British Columbia?” is an excellent idea. They can help you and your partner reach agreements during intense negotiations and ultimately arrive at a fair divorce settlement.
Wondering How Else Adultery Can Affect Divorce in British Columbia? Contact Us Today
If you’ve been left to ask, ”How does adultery affect divorce in British Columbia?” you’re likely going through a tough time. Pier Law & Mediation can set you up with a reliable divorce lawyer or mediator to help you manage every aspect of your upcoming legal proceedings. We understand the ins and outs of family law in BC and will deliver the assistance you need.
Call us at 604-560-8285 or contact us online today to schedule a consultation.
