Divorcing A Cheating Spouse: The Grounds For Filing & How A Lawyer Can Help

Are you tired of your cheating spouse refusing to sign divorce papers? You can hire a lawyer to help you through the situation because you can still move forward with a divorce in Canada when a spouse does not agree with it. In this article, you learn about the grounds for filing a divorce and how a lawyer can help you come out on top.

What are the Grounds for Filing a Divorce?

Before you can legally file your divorce, you must make sure that you have been a Canadian resident in a province for at least one year. It is also important for a breakdown in the marriage to have occurred for a divorce to be granted. A breakdown in a marriage can include the following:

  • Mental abuse
  • Physical abuse
  • A lack of communication
  • Living separately for a year
  • Simply wanting out of the marriage

You can also get out of the marriage if your spouse is having an affair. If your grounds for the divorce is due to an affair, you may want to hire a lawyer to help you come up with evidence of the affair that can be presented in court.

How Can a Lawyer Help End a Divorce with a Cheating Spouse?

A lawyer will listen to your reason as to why you believe your spouse is having an affair. He or she will then investigate the situation to try to gather up evidence. You may be asked permission for the phones in your home to be tapped, as it will give the lawyer the ability to possibly catch your spouse in the act of talking to the person he or she is having an affair with.

Even if your home phones are not tapped, the lawyer can use phone records to help verify the affair. The person who your spouse is cheating with may also be contacted in case he or she is not aware of your marriage. Your friends and family may be interviewed to find out if any of them is willing to testify in court on your behalf, especially if they have knowledge of the affair.

You are not required to continue living under the same roof with a cheating spouse. As long as you have a little evidence to prove that the marriage is over, you can file for a divorce. Hire a lawyer (such as one from First West Law LLP) to help you get through the divorce process in a smooth manner.