Can I get a divorce faster in Ontario by proving adultery?
Technically, yes — adultery is one of the three grounds for marriage breakdown under the Divorce Act, and if proven, you do not have to wait for the one-year separation period. However, in practice, very few divorces in Ontario proceed on the adultery ground. The reason is burden of proof: you must prove to the court that your spouse committed adultery, which is a factual allegation that requires evidence. The alleged adulterous spouse is not allowed to admit to the adultery in court in a way that would make it easy — the rules around this are technical.
More practically, proving adultery in court is costly and time-consuming, and the resulting conflict can make every other issue in your divorce (parenting, property, support) harder to resolve. Courts do not award more money or better parenting outcomes based on the reason for the divorce — Canada moved to a no-fault divorce model in 1986 specifically to separate the reason for divorce from financial and parenting outcomes.
For most people, the most efficient path to divorce is to separate, wait out the one year, and file on the separation ground. If reconciliation is not remotely possible and you want certainty, speaking to a lawyer about the practical pros and cons is worthwhile.
Key takeaways
- Adultery is a legal ground for divorce under the Divorce Act but rarely used in Ontario.
- You must prove adultery with evidence — it is not self-executing.
- Divorce outcomes for property, support, and parenting are not affected by the reason for the marriage breakdown.
- The one-year separation ground is used in the vast majority of Ontario divorces.