Will an affair be held against you in an Arizona divorce

Arizona is a no-fault state for divorce. That means your affair or your spouse’s affair generally should not be considered when dividing property and debt, establishing spousal support, or arranging a child custody plan and child support.

However, an affair can impact divorce negotiations in other ways. For example, if one spouse has an affair, the other spouse may be too angry to cooperate in mediation or divorce negotiations. In that case, the affair and the behavior of the unfaithful spouse could affect the couple’s parenting plan or alimony arrangement.

Marriages that end due to infidelity are among the most contentious. Working with an experienced divorce lawyer can help you make the right choices for yourself, your children, and your future. An attorney can provide you with cool-headed advice during an emotionally charged process. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. today to learn more about divorce in Arizona and how an attorney could help.

Is Adultery Considered a Crime in Arizona?

Arizona law classifies adultery as a class 3 misdemeanor. However, it’s only prosecuted if the adulterer’s spouse files a complaint. Penalties for a class 3 misdemeanor include up to 30 days in jail and fines of up to $500.

A spouse who has been cheated on may file a complaint with the police, who will investigate the incident. It can be very tempting to try to send your cheating spouse to jail. However, before taking this step, you may benefit from the advice of an experienced divorce attorney. They can explain how this could impact your divorce case and any settlement negotiations with your soon-to-be-ex spouse.

Is Adultery Grounds for Divorce in Arizona?

Because Arizona is a no-fault divorce state, the court does not consider fault on the part of either spouse in granting a divorce or dividing assets and debts. One exception to the rule is a covenant marriage, where adultery is one of the few grounds for which Arizona law permits divorce. However, this law will not apply in most cases.

If My Spouse Committed Adultery, Can They Be Denied Spousal Support Payments?

The court usually will not deny spousal support payments to a spouse who committed adultery. The court does not generally consider the reasons for divorce when dividing assets and debt or determining spousal or child support.

Will an Affair Affect the Amount of Alimony Payments?

Typically, an affair will not affect the amount of alimony payments awarded in a divorce. Alimony is determined by looking at various factors, including the following:

• The marital standard of living
• The length of the marriage
• Employment and earning capacity
• The physical and emotional health of the spouse receiving alimony

However, there are cases where extreme spending due to an affair could be considered.

What Is “Marital Waste”?

It’s not unusual for a spouse committing adultery to buy gifts for their affair partner, take them on trips or travel to visit them, or book hotel rooms for their liaisons. Some cheating spouses may spend money on escorts or other sex workers. A betrayed spouse may feel particularly angry that their spouse spent money on someone else instead of using that money to take care of the family, household, or children.

Marital waste occurs when one spouse intentionally wastes community assets or spends lavishly for their own benefit, such as during an affair. If the amount spent by the cheating spouse is substantial, the court might consider it when dividing community assets or determining alimony during a divorce. However, marital waste is difficult to prove. You should speak to an attorney if you are thinking about pursuing a claim of marital waste.

Can I Receive a Larger Share of Community Property Assets If My Spouse Had An Affair?

Under Arizona law, the court may consider “excessive or abnormal expenditures” when dividing property during a divorce. If you and your attorney can determine the amount your spouse spent on the affair, you could argue that you deserve a larger share of the community property.

This is where having a tenacious, experienced Arizona divorce lawyer can be very helpful. Your lawyer may need to investigate your financial records or even hire a forensic accountant to see if your spouse had hidden accounts or a credit card they used for the affair.

Will an Affair Affect Child Custody Decisions?

Affairs do not typically affect child custody decisions in Arizona. Under state law, the court must consider the child’s best interests when determining custody arrangements. These factors may include the following:

• The past, present, and potential future relationship between the child and the parent
• The interaction of the child with their parents, siblings, or other people who affect the child’s best interests
• The physical and mental health of everyone involved
• The child’s adjustment to their home, school, and community
• The wishes of the child if they are of suitable age and maturity
• Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent

However, custody could be affected if an argument can be made that the child’s best interests are affected by the affair. For example, if an affair partner moves in, it could affect the well-being of any children involved. An Arizona family law attorney can help protect your child’s best interests when custody is determined in your divorce.

Contact an Arizona Divorce Lawyer

Are you facing divorce after adultery in Arizona? You don’t have to go through the divorce process alone. The compassionate divorce attorneys with Mushkatel, Gobbato, & Kile, P.L.L.C. have the experience, knowledge, and resources to protect your interests and future. Our firm is small enough to offer each client personalized, effective representation. But our combined legal experience allows us to take on even the most complex divorce cases.

We have successfully helped clients across a diverse range of family law cases and can do the same for you. Contact our firm today for a confidential consultation with an Arizona divorce lawyer and learn more about your legal options after adultery.

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