Can I sue for adultery in Alberta?

While adultery is a Canada-wide ground for divorce, only Albertans can still also sue a spouse and his or her lover for their extramarital amours. For adultery, American law requires sexual intercourse. In Canada, you can commit adultery without actually having sex.

Is dating during separation adultery in Alberta?

As long as youre married, having sex with someone who isnt your spouse counts as adultery. If youre separated at the time however, no one except your in-laws or the Pope is going to care.

How do you prove adultery in Alberta?

The simplest way to prove the adultery is if your spouse is willing to admit it (in an affidavit). In the Petition for Divorce, you must swear that there has been no collusion or connivance between you and your spouse. Therefore, you cant invent the adultery simply as a means of obtaining a divorce.

Can you go to jail for having an affair?

Adultery isnt just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is against the law, punishable by a fine or even jail time. States with anti-cheating laws generally define adultery as a married person having sexual intercourse with someone other than their spouse.