Adultery TOP A spouse can seek a divorce at any time if the other spouse has committed adultery, that is, the spouse voluntarily had sexual intercourse with another person. Even if spouses are separated from each other, voluntary sexual intercourse is adultery and can be used by the other spouse to ask for a divorce. The spouse does not need to be separated to apply. The spouse must prove to the court that the adultery took place. Cruelty TOP A spouse can also seek a divorce at any time on the basis that the spouse has been treated with cruelty by the other spouse.
Cruelty can include acts of physical violence and causing severe mental anguish.
The spouse applying for the divorce must prove that the cruelty took place, that it seriously affected him or her and that it made living together unbearable. Many spouses prefer to have an uncontested divorce decided on the evidence in affidavits, so they do not have to appear in court. If the judge feels the spouses may be able to reconcile, he or she may adjourn the divorce hearing to give them the opportunity to do so. If after considering the evidence, the judge believes that marriage breakdown has been established, the judge grants a preliminary order called a divorce judgment. Neither spouse has to apply for their divorce to become final.