Ashley Madison is a website that facilitates married people having an affair. Their motto is "Life is short. Have an affair." It has been hacked, and the data related to the personal profiles of people registered has been made public. This will result in many divorces and separations when people discover their spouse was registered on the site.
What is the impact of the Ashley Madison hack on your divorce?
Adultery has no impact on your legal rights and obligations. In fact, the court is precluded from considering adultery when determining your legal rights and obligations.
Of course, if you are not an involved parent because you are preoccupied by your affair, adultery could indirectly have an impact on custody and access. Likewise, if you spent a lot of money on your affair, a judge may decide it is unconscionable that your spouse share in the resulting debt. Indirectly, adultery may have an impact.
Do you want revenge?
If you are the victim of adultery, you probably feel deeply hurt and want revenge. We have seen people get involved in long, bitter, costly legal battles because they wanted revenge from the court. In the end, they’re just disappointed and frustrated because the judge did not give what they wanted. The judges are precluded from doing that. It is a “no fault” system in Canada.
What is your best next step?
Your best course of action is to get a resolution of the legal issues in a timely and cost-effective manner. Get it resolved and move on. Collaborative Practice is a process in which the parties work together to problem-solve the issues without going to court.
Written by Brian Galbraith, Owner and President of Galbraith Family Law.