Did you know that adultery is grounds for divorce in Arizona? If your spouse has been unfaithful, you may be considering a divorce. However, before you make any decisions, it is important to understand the consequences of adultery. In the article, we will discuss 5 secrets that you may not have known about adultery and divorce in Arizona.
Adultery and Divorce in Arizona
Did you know that adultery is a crime in Arizona? It is, and it’s punishable by up to six months in jail. However, the reality is that few people are prosecuted for this crime. That said, if you’re thinking about committing adultery, or if your spouse has committed adultery, you should be aware of the potential consequences.
Another thing to keep in mind is that adultery can impact your divorce proceedings. If your spouse commits adultery and you file for divorce based on fault grounds, the court may award you more alimony or even property division than you would have received otherwise. In some cases, adulterous behavior can even lead to an annulment.
We often think we know everything there is to know about divorce, but the law is always changing. Adultery and divorce in Arizona are no different. Here are 5 secrets you may not have known about adultery and divorce in Arizona:
Secret #01: You can’t file for divorce on the grounds of adultery in Arizona.
If you want to file for divorce on the grounds of adultery in Arizona, you’re out of luck. Adultery is not grounds for divorce in the state.So what are the grounds for divorce in Arizona? The state recognizes two types of divorces: no-fault and fault-based.
No-fault divorce means that neither party is responsible for the breakdown of the marriage. This can be due to “irreconcilable differences” or simply because the couple has been married for a certain amount of time (usually at least 5 years).
Fault-based divorces are those in which one party is held responsible for the breakup of the marriage. The most common fault grounds are physical or mental cruelty, abandonment, and adultery.
If you want to file for divorce on the grounds of adultery in Arizona, you’ll need to prove that your spouse had sexual intercourse with someone else. This can be difficult to do, especially if the affair is ongoing.
In most cases, proving adultery is not enough to get a divorce. You’ll also need to show that the affair caused irreparable damage to your marriage. If you can’t prove this, you may still be able to get a no-fault divorce based on an irretrievable breakdown of the marriage. To file for divorce in Arizona, you must have one of the following grounds:
- The marriage is irretrievably broken
- One spouse has been mentally ill for at least three years
- One spouse has committed adultery
- One spouse has abandoned the other for at least one year
- One spouse has been physically abusive
- One spouse has been convicted of a felony
- One spouse has had an addiction for at least one year.
If you’re considering filing for divorce on the grounds of adultery in Arizona, it’s important to speak with an attorney. The laws surrounding adultery and divorce can be complex, and it’s important to make sure you’re taking the right steps.
Secret #02: Adultery is still technically a crime in Arizona.
Adultery is defined as sexual intercourse between a married person and someone other than their spouse. While the act of adultery is no longer prosecuted as a crime in Arizona, it can still have legal implications. For example, if you are caught committing adultery, you may be subject to civil damages (meaning you may have to pay money to the person you committed adultery with). Additionally, if your spouse can prove that you committed adultery, they may be able to receive a greater share of the marital assets in a divorce settlement.
Secret #03: If you commit adultery, you may be barred from receiving spousal support.
In Arizona, there is a presumption that the less-monied spouse is entitled to spousal support (also known as alimony). However, this presumption can be rebutted if the court finds that the supported spouse committed adultery. This means that if you are seeking spousal support and your spouse can prove that you committed adultery, the court may deny your request for spousal support.
Secret #04: If your spouse commits adultery, you may be able to receive a greater share of the marital assets.
Arizona is an equitable distribution state, which means that in a divorce, the court divides the marital assets between the spouses in a way that is fair and equitable. This can include awarding the spouse who was cheated on a greater share of the marital assets. For example, if your spouse cheated on you and as a result, you ended up divorcing, you may be awarded 50% of the marital assets, as opposed to 25%.
Secret #05: Adultery can impact child custody decisions.
If adultery has been committed by one parent and it has negatively impacted the children, the court may consider this when deciding about child custody. This means that if the adulterous parent is not deemed fit to have primary custody of the children, they may be awarded sole or joint legal custody instead. Additionally, if one parent commits adultery during a custody case, they may be ordered to pay the other parent’s attorney fees.
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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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