- Jan 12, 2021
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Earlier this year, I mentioned this: It is mostly about British Columbia, but it should still work.
Regarding the part I highlighted in bold: I'm pretty sure Shannon had no problem acknowledging her guilt on the part of adultery.2. adultery
A divorce for adultery has more hurdles than a separation. The difficult part is that you have to prove that the adultery occurred. While the court will not force you to identify the person involved with your spouse, you must base your allegations on clear factors that the court can substantiate.
The best way to obtain a divorce decree based on adultery claims is for your spouse to admit it in a sworn statement. Other methods, such as investigating for discovery and appearing in court, require a thorough consultation with your family law attorney before seeking a divorce decree on these grounds.
Pursuing a divorce on the grounds of adultery also requires that both parties swear that there was no collusion. In addition, the adultery must have taken place without the consent of the second spouse. The court will not consider the duration of the affair as long as there is reliable evidence of adultery.
Typically, courts will grant a divorce on the grounds of adultery if the affair involves an extramarital sexual relationship. Keep in mind that the BC Supreme Court does not allow extramarital sex in open marriages as a legal basis for divorce.