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5 Common Misconceptions About Adultery and Divorce in Arizona

When a couple decides to get a divorce in Arizona, adultery may be one of the factors that contributed to the break-up. However, there are many misconceptions about what adultery is and how it affects a divorce proceeding. In this article, we will discuss 5 of the most common myths about adultery and divorce in Arizona.

There are many misconceptions about adultery and divorce in Arizona. Some people believe that if one spouse commits adultery, the other spouse is automatically entitled to a divorce. Others believe that an affair can never be grounds for a divorce.

Here are 5 of the most common misconceptions about adultery and divorce in Arizona:

Misconception # 1: If one spouse commits adultery, the other spouse is automatically entitled to a divorce.

Fact: The law does not automatically entitle the innocent spouse to divorce simply because his or her partner has committed adultery. To obtain a divorce based on adultery, the injured party must file for dissolution of marriage and prove that the adulterous act was the cause of the breakup of the marriage.

This is one of the most common misconceptions about adultery and divorce in Arizona. While adultery is certainly grounds for a divorce, it is not the only ground. Arizona is a no-fault state, meaning that either spouse can seek a divorce without having to prove that the other spouse did anything wrong.

So if adultery is not the only grounds for a divorce in Arizona, what are they? In Arizona, you can seek a divorce on the following grounds:

  • Irreconcilable differences
  • Incurable insanity
  • Willful desertion for more than one year
  • Habitual intemperance (i.e., chronic alcoholism or drug abuse)
  • Conviction of a felony and imprisonment for at least one year

Misconception # 2: An affair can never be grounds for a divorce.

Fact: While an affair may not always be the direct cause of a divorce, it can be grounds for one if it is used as evidence to show that the marriage is irretrievably broken. To obtain a divorce based on adultery, the injured party must file for dissolution of marriage and prove that the adulterous act was the cause of the breakup of the marriage.

If you are considering divorcing your spouse on the grounds of adultery, there are a few things you should know. First, you will need to prove that your spouse had an affair. This can be done by presenting evidence such as emails, text messages, or eyewitness testimony. Second, you will need to show that the affair caused irreparable damage to your marriage. Lastly, you will need to file for divorce on the grounds of adultery within one year of discovering the affair.

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Misconception # 3: The law automatically grants custody of children to mothers.

Fact: The law does not automatically grant custody of children to mothers. In Arizona, the court makes custody decisions based on the best interests of the child. Factors that are considered include the wishes of the child’s parents, the child’s adjustment to his or her home, school, and community, and the mental and physical health of all involved parties.

While it is true that mothers are often given primary custody, this is not always the case. The court will make a decision based on what is in the best interests of the child, and this may mean giving custody to the father.

Another common misconception is that if you commit adultery, you will automatically be divorced. This is not necessarily true. While adultery can be grounds for divorce, it is not automatic. The court will look at all factors involved in the marriage and decide if adultery was a contributing factor to the breakdown of the relationship.

Misconception # 4: Fathers have no rights when it comes to child custody.

Fact: Fathers have just as much right to child custody as mothers do. The court will make its decision based on what is in the best interests of the child, taking into consideration all relevant factors.

Misconception # 5: Alimony is always awarded to the wife.

Fact: Alimony is not automatically awarded to the wife. The court will consider a variety of factors when making its decision, including the length of the marriage, the incomes of both parties, and the needs of each party.

How does adultery influence alimony in an Arizona divorce?

Many people think that if one spouse commits adultery, the other is entitled to alimony. This isn’t always the case. The courts in Arizona take several factors into account when deciding whether or not to award spousal maintenance, including:

  • The length of the marriage
  • The age and health of both spouses
  • The income and assets of both spouses
  • The conduct of the parties during the marriage

If the court determines that adultery played a role in the breakdown of the marriage, it may consider that when making its decision about alimony. However, adultery is not always grounds for denying or terminating spousal maintenance.

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

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