Proving abuse or addiction in a marriage ‘not a simple process’

By LegalMatters Staff • Canada’s no-fault divorce system allows you to receive a divorce if you can prove your spouse has been physically or mentally cruel to you.

Cruelty and abuse can stem from addiction. Alcoholism is the most common dependence but people can also be addicted to cannabis, hard drugs or prescription drugs such as painkillers or sedatives.

Overcoming any addiction can be difficult and your spouse may be unwilling to participate in a treatment program. If you want to end your marriage, you need to demonstrate how the abuse or the effects of the addiction are making your relationship untenable.

“Proving abuse or addiction is not a simple process, which is why you seek legal advice as soon as possible,” says Edmonton family lawyer Sean Schaefer.

“Generally speaking, cruel behaviour has to be ongoing to be considered grounds for divorce, meaning that the occasional episodes of unkindness will not suffice. And if you have condoned the cruelty by continuing to live with your spouse, the court may refuse to grant you a divorce,” says Schaefer.

There must be proof for a judge to take family violence into account when deciding to grant a divorce,, he says.

“That is often difficult since more family interactions are in private,” Schaefer adds.

He says some examples of the evidence you can obtain include transcripts of calls to 911 after an abusive episode, written statements from friends or family members who have witnessed the abuse or whom you confided in, and hospital or medical records when you sought treatment after an abusive episode.

“It can be frightening to live in a home where your spouse is abusive or suffering from an addiction,” Schaefer says. “If your safety or the safety of your children is threatened, the best move may be to move away and file for divorce, but speak to a lawyer first.”