If my spouse engages in an internet-based relationship, does that constitute a “breakdown of the marriage?”

An individual is entitled to obtain a legal divorce if there has been a “breakdown of the marriage” according to the Divorce Act. A “breakdown of the marriage” includes but is not limited to adultery.

In recent years, with the development of technological advancements, the question of what constitutes “adultery” has become a more relevant issue.

Whether or not “adultery” in Ontario extends to communications and actions conducted online (ex: text-based sexual message exchanges) has yet to be addressed. However, the more evidence one has on the escalation of the online relationship, the greater the chances of convincing a judge that a spouse has, in fact, committed adultery. The determination of whether or not cyber communications and relations constitute adultery will often be a fact-specific inquiry.

It ought to be noted that the “breakdown of the marriage” is not often established by proving that one spouse has committed adultery. This is because it can be costly and take a long time in order to prove the adultery. In most cases, the "breakdown of the marriage" is often demonstrated by establishing that the parties have been separated for one year. This is the primary ground used to establish that there has been a “breakdown of the marriage.”

For more information on the “breakdown of the marriage," contact a Toronto family lawyer at Krol & Krol to learn about the best way to proceed in your family law matter.