est that an increased divorce rate may be an indication that expectations about the quality of marriage have risen and that many people prefer a divorce to an unhappy marriage. For these reasons, the divorce rate is on the increase and it is easier for couples to obtain a divorce using the three conditions: separation of a year, adultery, mental or physical cruelty.The Divorce Act specifies the sole grounds for divorce as marital breakdown, and provides for three basic ways for proving it. First, you and your spouse have to be separated for one year. This is the easiest to prove and the most commonly used ground for divorce. The Act does allow for periods of attempted reconciliation lasting for 90 days or less these periods do not reset the clock on your separation. However, if you live together for 91 days or more and then re-separate, the 12 month cycle starts again. The reason for your separation does not matter; all that matters is that you are in fact separated. You can also be living separate and apart while living in the same dwelling, although it is difficult to prove. You must be living entirely different lives each doing you own cooking, laundry, and home maintenance and, of course, not sharing the same bed. Second, your spouse has committed adultery. You do not have to name the person with whom your spouse committed adultery unless you are making some immediate claim against that party. You also do not have to find your spouse in bed with the other party, you only need to establish a high probability that adultery occurred especially if it is not denied by the adulterous spouse. The simplest way to prove adultery is if your spouse is willing to admit it. You cannot invent the adultery simply as a way of obtaining a divorce. The act must have truly occurred and it must not have been condoned by yourself. Third, your spouse has treated you with intolerable mental or physical cruelty. The courts have interp...
