SMP Law – Can I get a Divorce Right Away if my Spouse Cheated?


Being cheated on by your spouse is generally not a topic people like to think about. Covid and technology (think smartphones and GPS trackers) have made it more difficult than ever to cheat on your spouse. We think it will never happen to us. But what if it does and the marriage is not reconcilable and now you want a divorce?

I have found that often people think that if someone commits adultery, they can just get a divorce right away, without waiting the standard year. This is not the case in Ontario.


The general rules for being able to have a divorce in Ontario are:

1)      You have been living separate and apart for a year;


2)      You have been cheated on;


3)      You have been treated with physical or mental cruelty.


One thing to note – the spouse who committed the adultery cannot apply for a divorce prior to the year of living separate and apart.

Lastly, if you are planning to apply for a divorce prior to living separate and apart for a year, be sure to have supporting evidence of adultery so the judge can consider granting the divorce early.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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