Myths That You May Still Believe About Adultery and Divorce in Arizona

Have you recently found out that your spouse has been cheating on you and are now thinking about filing for divorce in Arizona? You might have heard some myths about adultery and divorce in Arizona that aren’t true. Here are 5 myths about adultery and divorce in Arizona:

Myth # 1: If adultery is proven, the party that committed the act will automatically be awarded a divorce.

This one may come as a surprise to some people – but adultery is not always grounds for an automatic divorce. To obtain a divorce on the grounds of adultery, at least one of the parties must have resided in Arizona for at least six months before filing for divorce. Other factors can complicate things, such as whether or not there are any children involved and how much money each spouse earns. So if you’re thinking about divorcing your spouse because they cheated on you, make sure you consult with an experienced family law attorney first to find out what your best course of action would be.

• Get accurate information about adultery and divorce in Arizona
• Make an informed decision about your next steps
• Talk to a family law attorney who will give you the best advice for your situation
• Avoid costly mistakes by getting legal advice before filing for divorce

Myth # 2: Alimony payments last forever if they’re granted in a divorce decree.

This one isn’t necessarily true. The duration and amount of alimony payments awarded in a divorce decree are decided on a case-by-case basis by the court. There is no set rule about how long someone has to pay or receive alimony after a divorce. The decision is based on factors such as each spouse’s income, earning capacity, and health. So if you’re currently in the middle of a nasty divorce and you’re worried about having to make alimony payments for the rest of your life, speak with an experienced family law attorney who can give you more specific information about your situation.

Qualifications of Alimony in Arizona

Alimony, or spousal support, is a payment from one ex-spouse to the other. The purpose of alimony is to help the less fortunate spouse maintain the standard of living they enjoyed during the marriage. For a judge to grant alimony, they must find that:

• The requesting spouse lacks sufficient property to provide for their reasonable needs. AND
• The requesting spouse is unable to be self-sufficient through employment OR is the custodian of a child whose age or condition makes it appropriate that the custodian not be required to seek employment outside the home.

Judges will also consider how long the couple was married and if either party committed adultery during marriage. Arizona is a “no-fault” divorce state, meaning that a judge cannot consider fault when making decisions about property division or alimony.

Myth # 3: If I move out of state with my kids, my ex-spouse will never be able to see them again.

This is a common fear among custodial parents who are considering relocating – but it’s not always the case. If you move more than 100 miles away from your ex-spouse, they can petition the court for a change in the custody arrangement. However, most courts prefer that both parents maintain some kind of relationship with their children, so relocation is not typically seen as favorably by the court.

• Relocate without fear of losing custody of your kids
• Keep your children close by, even if you move away
• Spend time with your kids guilt-free – they can see their other parents too!
• Avoid costly and stressful court battles

Myth # 4: I can get a divorce in Arizona without my spouse’s consent.

If you want to get a divorce in Arizona, you will need your spouse’s consent. You can’t just go to the courthouse and file for divorce without your spouse’s signature.

The only way around this is if your spouse has been missing for at least 60 days or if you have proof that they are deceased. If either of these applies to you, then you can file for a divorce without your spouse’s consent. If neither of these applies to you, then you will need to wait until your spouse gives their consent before you can file for divorce.

• Get a divorce without your spouse’s consent
• File for a divorce without having to wait
• Avoid the hassle of waiting for your spouse to sign off on the divorce

Myth # 5: My spouse will automatically get custody of our children if I file for divorce.

This is one of the most common myths about divorce in Arizona. The truth is, there is no guarantee that your spouse will get custody of your children if you file for divorce. The court will consider several factors when making a custody determination, including the child’s best interests. Therefore, it is important to consult with an experienced family law attorney to discuss your specific situation and what you can do to protect your rights.

• No guarantee that the spouse will get custody of the children
• Must consult with an attorney to protect your rights
• Schedule a consultation today! 
• Free and confidential consultations

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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