Adultery

A divorce may be granted if one of the parties is found to have committed adultery. The adulterous act must be proved by clear and convincing means, which can often be difficult to prove. It is important for the person who has filed for divorce and is alleging adultery to remember that they are still married until the divorce is final. Post-separation adultery is still adultery. Adultery also generally bars the adulterous spouse from receiving a permanent spousal support award.

Conviction of a felony
	If one spouse is convicted of a felony and is sentenced to jail or prison for a period of 12 months or more a divorce may be granted to the non-incarcerated spouse.

Cruelty or Desertion
	The divorce grounds for cruelty or desertion may be granted when a spouse has caused a reasonable apprehension of bodily harm, or deserted the other spouse. The non-offending spouse may be granted a divorce on these grounds 12 months after the date of the offending act.

Living separate and apart
	A divorce may be granted if the parties have lived separate and apart for a period of one year or more (6 months if there is a property settlement agreement and no minor children). Ine of the parties must have had the intention to be permanently separated on the date of separation. Generally speaking, the parties must refrain from living together at any point during the separation period.

 

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