What is the test for mental health issues in a divorce?
New Brunswick, Canada
The following excerpt is from M.C. v. T.C., 2010 NBQB 192 (CanLII):
As the case law explains, incompatibility by itself is not recognized as a ground of divorce. Nor can incompatibility be used as a pretext for cruelty. The onus on a preponderance of probabilities rests with the party claiming that the other party inflicted mental cruelty, whether intentional or not. (See: MacDonald v. Wilton, The 2010 Annotated Divorce Act, s. 8 Review)
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