Does Infidelity Affect Divorce?

Arizona, which is a no-fault state for divorce, generally does not consider infidelity when diving property and debt during a divorce process. Additionally, adultery is not usually considered when arranging child custody plans and establishing child support payments.

Is Infidelity Grounds For A Divorce?

The initial step should be to speak with an attorney experienced in these matters. You do not have to decide on a plan right away, but it will help to know of the available options. In a similar vein, obtaining legal counsel does not mean a divorce is inevitable.

An attorney can discuss aspects of a divorce such as property division and child custody and cover the difference between a contested divorce and an uncontested divorce. The former is where both parties come to an agreement as to a way forward, the latter is where they do not and it will most likely go to litigation.

As mentioned, no-fault divorce states like Arizona will not consider fault on either spouse when dividing debts and assets.

Does Infidelity Impact A Divorce?

Since no-fault divorces became legal, there is no need to prove infidelity. The judge may consider the negative financial impact these acts may have had and also review the impact of infidelity on any children involved.

However even if your wife has cheated it does not mean she cannot obtain a property settlement in Arizona. The state is a community property state and assets must be split in an even manner. Likewise, with the division of debts, some will be considered community debts and other debts will be considered as separate.

Custody Of Children

A judge will always act in the best interests of the children throughout the divorce process. Even when your wife has cheated, the courts will not always consider her to be a bad mother.

The only way this would be a factor is if her infidelity threatened the safety and wellbeing of the children.

Alimony Payments

Typically, an affair does not impact the amount of alimony payments that will be awarded during a divorce. Alimony is ultimately determined by the following factors:

• Marital standard of living.
• Marriage length.
• Employment and income.
• Physical and emotional health of the spouse receiving payments.

There are, however, some cases where extreme spending habits related to an affair may be considered.

Is Adultery Considered A Crime In Arizona?

Currently, Arizona law classifies adultery as a class 3 misdemeanor, but it’s only prosecuted if a complaint is filed by the adulterer’s spouse.

A spouse who has been cheated on can file a complaint with police, who will then investigate the matter. Before taking this step, though, it’s best to contact an experienced attorney to learn your options.

Source: “Can A Cheating Spouse Be Penalized In Divorce?” Hello Divorce, 01 May. 2023, https://hellodivorce.com/divorce-advice/cheating-adultery-penalized-in-divorce