Husband s sex chat and family law
Instead – as with all civil actions – a court must be satisfied on a “preponderance” of credible evidence that adultery has taken place. where the facts and circumstances lead to the reasonable conclusion that adultery has indeed taken place.
Adultery, then, is one of the established grounds for divorce in Canada.
And technically speaking, as long as the adultery was committed by one of the spouses, the other spouse has legal grounds under the Divorce Act to proceed with a petition. Is it enough to suspect that something is going on?
Whether or not the spouse actually wants to do so, in light of prospects of forgiveness and reconciliation, will be a personal decision. In order to prove adultery, there is no prerequisite that the other spouse gets “caught in the act,” or that there be photos or other physical evidence of the affair.
Questions often arise as to the whether the duration, extent or nature of the adultery matters when it comes to the right to obtain a divorce. Provided that it can be proven that adultery has been committed by one of the spouses, the other spouse can ask for a divorce.
Here are some common questions answered in this regard: 1. However, it should be noted that the adultery must have occurred before the petition for divorce is brought. What if the extramarital sex occurred only a single time? A single act of adultery is a sufficient basis on which to bring a divorce action.
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There is nothing unusual about the type of evidence required; however, the evidence will be considered sufficient if the adulterous spouse admits to the affair, or if the third party with whom the spouse is having the affair gives evidence attesting to the fact. What if the husband had an affair with another man? However, both the definition of “spouse” and the concept of adultery has been expanded by the courts to encompass same-sex relationships. Phone sex and other forms of sexually-charged activity – if conducted “from a distance”, so to speak – do not generally qualify as “adultery” as that term is used in the Divorce Act.