# legal definition of adultery



## Lon (Jun 6, 2011)

I know this is a question for my lawyer, but just had a heated discussion with me about signing an affidavit of her adultery in order to speed along our divorce (Canadian laws)

She is insisting that she hasn't adulterated because she told me she wanted out before she went out and did it. I suppose to her at that point we were somehow legally separated, even though she didn't file any separation agreement, did not move out, just simply gave her the green light in her own mind to have sex with some OM.

I for one know with certainty that she was sending naked photos nearly a month before she said the d word, she sort of admitted to kissing at the bar the first time she met up but I'm not sure when exactly to place that, and beyond that I'm not sure when exactly the flirting/making out actually started, if it even did (which only makes sense to me but what do I know). As to intercourse, she didn't deny that it first happened during her mini vacation she went on immediately after telling me the dword but which she had booked since about the time she emailed her photos. Since she dropped the dword I saw the evidence of a second OM that she also had intercourse with before actually moving out of the house. Mid-May is when I finally said she had to move out and she went to stay at a friend's house, and that is when I consider the start of our actual separation, even though we haven't shared the "marital bed" for almost 2 years except for the (very) occasional romp. And aside from one miserable sexual experience at the end of april (after her full out PA but before I found the evidence of her cheating). We hadn't any relations since feb.

So I guess my questions are: 1) is intercourse required in order to be considered adultery (legally)? 2) is any sexual intercourse before a legal divorce, or even separation, considered adultery? (and in that case since we still don't have any notarized agreements in place but are living in separate houses, wouldn't any sexual relations she is having with OM now also be considered adultery by law?)

For my own mind I know her justification is all bullsh!t, she was driven into her petty way of unofficially ending the marriage specifically because of the infidelity... Sure, if she didn't cheat our marriage may still have broken down anyway, but because of her actions there is never really any way to know for sure, and so in my more rational (than her) perspective of reality, infidelity most certainly is the cause of marital breakdown).

Earlier she said she was willing to sign an affidavit but then the mediator scared her about how much detail she has to sign off on and now it seems she doesn't want me to really know the details of her personal life.

I know I need proper legal advice on this but am looking for any other opinions...


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## Cypress (May 26, 2011)

Lon,

My understanding of the Divorce act is that its adultery when the spouse has intercourse while both spouses have been living together. Bring your evidence to a lawyer to determine if it is enough to prove intercourse has occurred.

I found this:


> Section 8 of the Act provides that a divorce may be granted on the ground that there is a breakdown of the marriage; this is established by showing that the spouses have lived separate and apart for at least one year, or that the respondent spouse has committed adultery, or physical or mental cruelty of such a kind as to render continued cohabitation impossible. Where the ground is marriage breakdown based on one year of separation, the time is calculated from the date the spouses began living separate and apart.



Cypress


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## AppleDucklings (Mar 27, 2011)

adultery legal definition of adultery. adultery synonyms by the Free Online Law Dictionary.


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## aug (Aug 21, 2011)

Canadian legal definition: Adultery Definition

If you are still married and had intercourse outside of marriage, then adultery?


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## aug (Aug 21, 2011)

From Adultery - Wikipedia, the free encyclopedia

"Even in cases of separation from one's spouse, an extramarital affair is still considered adultery."

So if you are legally married and had sex other than your spouse, then it's adultery. INAL.


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## Lazarus (Jan 17, 2011)

The word has a meaning as defined in the dictionary. The law can't just change its meaning! 

As pointed out by others, it is a sexual relationship within a marriage.

Adultery | Define Adultery at Dictionary.com

Defining when one is separated may be different but legally you are still married!


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## Lon (Jun 6, 2011)

thanks for the replies everyone. Like I said I need to talk to my lawyer on this. My W was checked out, told me she was and said she wanted a D before proceeding to intercourse with the guy she was planning it with. She was lying and sneaking behind my back and to me simply saying "I want a divorce" is not the same thing as being divorced and nor is it considered separation. Around that time she was often staying out of the home at a friends (and I'm fairly certain that's the truth), but sometimes stayed at home in separate beds... We even went on our date (with sex) after her full-on PA before I ever found out the truth, but it really is hard to put an exact date on the separation since it was over the course of several incidents of information trickling out. So firstly I don't think we really were "separated" when she first had sex outside the marriage and even if we did it may still be considered adultery, in which case it is cut and dry since she has been dating and sexually active with others now that we are living apart but still "legally" married. I can 't believe how convoluted something like this seems to me, and how she can't even admit to herself something so text-book obvious.


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