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Effects of Infidelity on Divorce in Arizona

Do you need a one-word answer to the question of whether infidelity affects divorce in Arizona? It can be stated that it will not. But, a detailed understanding will help you decide your moves accordingly.

As of 2016, adultery was a crime in Arizona. Has your wedding not happened in the covenant? Then, it does not matter whether your spouse has deceived or not. The laws about adultery are rarely enforced in the state. Divorce is a no-fault process in Arizona. It means that the judge will not be concerned about things like abuse, abandonment, and adultery. This will happen at least for granting a divorce. The same applied to judge how the debts and assets will be divided among the couple.

Can the judge give a couple more assets?

Let us consider that one of the partners has cheated the other. In this case, many people have the question of whether the judge will give more assets to the victim. Will this happen during a divorce proceeding? No, this cannot happen in Arizona. In the same way, the person, who has cheated will not be asked to handle more debts. Irrespective of the person responsible for the breakup, the divorce laws in Arizona recommend one thing. The recommendation is that the assets and debts should be divided equally.


Effects of Infidelity on Divorce in Arizona
Can the judge give a couple more assets?

Let us consider that one of the partners has cheated the other. In this case, many people have the question of whether the judge will give more assets to the victim. Will this happen during a divorce proceeding? No, this cannot happen in Arizona. In the same way, the person, who has cheated will not be asked to handle more debts. Irrespective of the person responsible for the breakup, the divorce laws in Arizona recommend one thing. The recommendation is that the assets and debts should be divided equally.

Is there any exception to this rule?

The equal distribution will be followed in a divorce case in Arizona. This will happen even in the case of infidelity or adultery. However, an exception to this rule applies if one of the partners has done the following:

  • Abnormal and excessive expenditure.
  • Duplicitous disposition of joint or community property.
  • Hiding of joint or community property.
  • Destruction of joint or community property.

In the above-mentioned instances, the judge in Arizona can decide on the in-equal distribution of assets and debts. This will be done to favor the victim. The judge might still permit to proceed with the divorce. This will happen regardless of whether it takes place with mutual consent or not. Is your wedding has happened as a covenant or agreement marriage? If your answer is affirmative, the adultery can help you get a divorce at a faster pace. However, covenant marriages are rare.

Other Exceptions

The other exceptions, where infidelity will not affect a divorce are listed below:

Grounds of Divorce

As mentioned earlier, Arizona is a state, where a divorce is not considered a fault. It means that you need not have to prove that your partner has shown marital misconduct to get a divorce. An adequate reason to apply for a divorce is an incompatible divergence between you and your partner. After a formal request, the court will grant the divorce. But, there is an exception. As mentioned earlier, the exception is a covenant marriage. It is nothing, but a special Arizona Marriage that involves premarital counseling. In this case, you can apply for fault-based separation if your spouse was not faithful.

Effects of Infidelity on Divorce in Arizona

Alimony Awards

As you know, the purpose of alimony is to help an ex-spouse with fewer career opportunities. Its purpose is also to help the spouse with poor monetary resources and earning powers. Indeed, judges will consider different factors and adultery might not be one of them. But, it will not happen at all times. For instance, if your spouse is unfaithful and living with another person, he/she might not get alimony awards. The reason is that he/she has a source for financial support. The abnormal expenses made on account of the extramarital affair can also affect alimony awards.

As a final word, we wish you know that adultery will not have any effect on child custody. The judges will focus on the best interest of the kid when ordering the custody of the child to one of the parents.

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