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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 07-07-2013, 10:54 PM
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Actually, you *can* get a divorce on the grounds of adultery or cruelty in Canada. The vast majority of people don't use these grounds, however, because the other party is more likely to contest the divorce as they don't want to be found "guilty" of cruelty or adultery, and because the work needed to prove either of those grounds is emotionally exhausting and often fruitless (unless your stbx left you a voicemail saying "hello, I'm sleeping with the babysitter"). I know that no-fault divorce can seem unjust because people don't get punished for their terrible behavior. But the situation before the divorce law reforms of the 1960s and later the 1980s was worse - people ended up living separate from their spouses for decades, unable to sever the ties, and thus vulnerable to their spouses' harassments and debts, and unable to move ahead with their lives. (And if fault-based divorce ever came back, imagine the lawyerly feeding frenzy that would ensue if grounds for every divorce had to be proven, rather than just waiting out a year of separation!).


Quote:
Originally Posted by Janibel View Post

''We have promoted a misconception: that fault never matters."

This is exactly why I am so frustrated with family law in this country. How the **** could fault not be considered when a spouse's violence causes the other spouse to lose work due to injuries and/or mental anguish, not to mention the long term issues associated with PTSD?

Same argument for a husband who's wife is 'adultering' right, left and sideways and the poor buggar has to pay spousal support to her until he is pushing daisies? It boggles the mind!

By adopting no fault standards we are disregarding the whole concept of accountability between spouses. Family law is not about justice or even fairness for that matter, it usually boils down to who can invest in the better lawyer.
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