Adultery Divorce in British Columbia

In British Columbia adultery is one of the situations by which marriage breakdown can be established. If you use adultery as the ground for divorce, you do not have to wait for the one year separation period before finalizing your divorce.

Seeking a divorce on the basis of adultery in British Columbia requires that you are able to prove that your spouse has committed adultery. If you are doing your own divorce, without the assistance of a lawyer, the proof is usually provided by a sworn affidavit from the adulterous spouse.

The British Columbia Adultery Divorce Process

In British Columbia a claim of divorce on the basis of adultery is brought as a sole divorce by the Plaintiff. The Defendant is the spouse who committed the adultery. The Defendant must be willing to provide a sworn affidavit that admits to the adultery. The affidavit from the Defendant simply admits that the adultery occurred and does not provide any details of the incident or the name of the other party involved.

• The adultery application is made entirely by filing affidavits and other forms in court.
• No court appearance is required.
• No details of the adultery are provided to the court.
• As in a sole divorce, you must arrange to serve your spouse with a filed copy of the stage 1 divorce papers.

If your spouse is cooperative and willing to swear an affidavit admitting to adultery, than you can do your own divorce in British Columbia on the basis of adultery. If the participation of your spouse is not likely, you should consider a sole divorce in British Columbia on the grounds of separation.

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