How the Ashley Madison hack could impact divorces

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, August 29, 2015.

Over the course of the last couple of weeks it has been virtually impossible to avoid news of the hack of the adultery website Ashley Madison. As news continues to break about high profile individuals who had an account, other people who signed up for the website, which is based in Canada, may be nervous about whether they will be found out, and what to do if they are.

While some individuals implicated in the breach will ultimately be able to keep their marriages together, others will not and a spouse will file for divorce. Individuals considering this approach may wonder what impact signing up for the website will have on the final outcome. The answer may be surprising.

In the scheme of things, the fact that one’s soon to be ex-spouse was signed up for the website, will likely not have any bearing on the way in which the matters that need to be addressed will be resolved. The reason for this is that Canada has “no-fault” divorce laws. Accordingly, the court is not likely to attach blame for the reason for the divorce.

What this means is that regardless of why a couple is divorcing, the most important factor in resolving marital matters is not the behavior of spouses. Instead, to secure a positive outcome in matters related to the divorce–such as the division of property, spousal support, child custody and child support–it is important to work with a lawyer who has experience and a thorough understanding of the best approach to take.

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