In these days of the kind of sensationalist programming on television, it gets difficult to tell what is real and what is scripted. When it comes to programs that depict cheating spouses and their partners hiring private investigators, it appears highly questionable that, while having a camera crew follow them around trying to catch the other person in the act, it actually happens other than on television.
Any Ottawa divorce lawyer will tell you that, although infidelity is an issue, it is never the grounds for a divorce, and that no legal relevancy exists. Having said that, most of us in Ottawa should understand that, the conduct of an individual, such as infidelity, prior to a divorce court proceeding is null and void against any consideration by the judge. This is not to minimize the fact that there is possible proof that one spouse is, or has committed the act.
The Canadian Divorce act along with Ontario’s Family Law and Children’s Law Reform Act, all address ‘prior conduct,’ in the case of infidelity, they consider it as unimportant to the outcome. However, any prior conduct that may seem to affect a spouse’s or a child’s mental or physical well-being it then becomes an important factor to consider as unconscionable and a gross repudiation against the marriage.
So what about hiring a private investigator here in Ottawa, in any scenario a lengthy separation shows as the main reason behind the divorce. Albeit the reason for a separation may in fact begin with the issue of infidelity. Suspicion has a price, and having made this statement, if a spouse thinks the other is cheating. The mere act of infidelity will not appear as any degree of a ‘gross repudiation’ of the relationship under the Family Law Act. This makes hiring a private investigator, (PI), to find proof of the act a waste.
The price then becomes the possibility of paying for character damages over fruitless allegations that any Ottawa divorce court judge really does not wish to hear. All that being water under the bridge, so to speak, there are some instances when hiring a PI is beneficial. One reason being, if there is suspected drug abuse, which can affect both a spouse and a child’s life, then a PI can gather evidence to the fact for presentation in court.
Another possible recourse might become suspicious of the ex-spouse earning money unaccountable through normal channels. This may be because of child or spousal support going delinquent. The important matter is the rarity of all three of these issues being relevant to hiring a PI. Furthermore, hiring one just for proving the act of infidelity by either spouse will not find any favour by any Ottawa divorce court.
Keep this next thought in mind when or if you ever begin to consider hiring a private investigator. It is in poor judgment is to covertly, watch your ex in or around Ottawa. However, who is to say that they are not watching you. Therefore, it is wise to change all personal information where possible, such as bank accounts, passwords, phone numbers, and all online information similar to emails etc. Prepare to protect your privacy after a divorce for your own piece of mind.
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