Are male thongs grounds for divorce?

A blog by John's law clerk, Brooke.

Male Thong - Ground for Divorce?

In Canada, we have what can be effectively termed “no fault” divorce.  This means that a Court does not have to find one spouse or the other is at fault for the breakdown of the marriage.  

Section 8(2) of the Divorce Act lays out the grounds upon which a couple can seek a divorce.  Simply put, you are entitled to a divorce after a separation of one year.  This is the most common ground upon which people in Canada are divorced.  You do not need to establish that one spouse behaved badly in order to secure a divorce on the basis of a one year separation.  

The other two grounds for divorce are much more difficult to rely on:  you can seek a divorce on the grounds that your spouse committed adultery, or treated you with such mental or physical cruelty as to render continued cohabitation intolerable. A divorce on either of these grounds is available less than one year after separation.  However, you must prove these grounds, unless your spouse is willing to admit to this behavior.  For obvious reasons, not many people would admit to treating their spouse so poorly.  

So, are male thongs grounds for divorce?  While you could make a case that wearing such an item of clothing is mental cruelty that makes continued cohabitation intolerable, if this is the “straw that broke the camel’s back” in terms of your relationship, it may be easier to wait out the one year, and seek a divorce on that basis. 

As a side note, remember that divorce is the legal end to a marriage.  People who were never married (or never believed that they were married) cannot get a divorce.  Common Law relationships are very different when they break down. For more information about issues related to common law relationships, click here. 

© John P. Schuman 2014