Your Partner Cheated, Now What?

Dawn S. • December 7, 2022

If you have the undeniable proof that your partner has committed adultery you will, more than likely, feel like lashing out and feel tremendous pain...

After you have collected your thoughts and if you are positive you want a divorce, there are some things you should know.


You can use Adultery as the reason for your divorce with this basic information:



·        The partners have lived apart for one year because of cheating while married.

·        The spouse who has not initiated the divorce and separation has committed the adultery.

·        The spouse who didn’t initiate the divorce (the non-cheating spouse) has been abusive (mentally or physically.)


If you have discovered an extramarital affair has taken place and you want to proceed with a divorce, you should legally separate. Call your Family Law lawyer and get started on your way to a divorce. Adultery can be used as grounds for divorce but family law lawyers don’t regularly recommend it. You may have caught your partner in the act of cheating but working out your Separation and Child Custody Agreements as well living apart may be a quicker way to dissolve your marriage. Just think, by the time you gather evidence of an extramarital affair, bring it to a lawyer who will take the claim of adultery to Family Court, a lot of time will have passed. The Court will need proof of what exactly happened, as well as proof that it happened before divorce proceedings occurred and proof that a physical sexual relationship occurred outside the marriage. Be aware that “sexting” and phone sex does not qualify in the definition of an adulterous affair. If the spouse who had the affair is willing to admit in front the Court of a physical extramarital relationship, a divorce may be granted quickly. As you have probably noticed, you can’t just claim cheating as a means to a divorce.


You should know that although your marriage has broken down because of an affair, chances are that you won’t be entitled to extra funds and entitlements when the marriage is over. A marriage breakdown is a marriage breakdown. A good idea is talk to a family law lawyer to before you decide to separate, if at possible. You will know what will have to take place legally to obtain a divorce.  The Burlington family law services at Grant Lee Law will guide you through the legal process.

Reach out to the team at Grant Lee Law by completing their online form or call (905) 318-6837. 

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