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!).
Originally posted by Janibel
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