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Does infidelity affect what happens during the divorce process?

A couple contemplating a divorce has many questions. After building a life together, it can quickly become overwhelming to consider dividing it and starting over as single individuals.

Some issues that come up in a marriage, such as debt or frequent unemployment, may put a strain and push a couple to the limit. However, something such as infidelity can make staying together more difficult. If you caught your spouse cheating, does it matter when it comes time to seek a divorce?

No-fault state

Infidelity can affect you in a variety of ways, but in terms of a divorce, it does not matter. Arizona is a no-fault state. This means a couple seeking divorce need only indicate that the marriage is irretrievably broken. In terms of getting a benefit during the process from your philandering ex, the court does not consider either party's actions when signing a final divorce decree.

Financial status

While cheating does not "help" the innocent spouse get special consideration, it may warrant a second look through your finances by an attorney or an accountant. Your attorney will advise you to see if your ex prepared for this separation by stashing money in another account or funneling it to another party, like the one he or she was cheating with. Also, if you find money going towards things like dinners out or hotels, you may present this as evidence and perhaps get some of it back in the final settlement.

Psychological issues

One of the unfortunate side effects of infidelity is the psychological burden it places on the innocent spouse. Depression and anxiety often follow the discovery of cheating, and getting help is critical to overcoming psychological issues that may develop. Getting support in the wake of an affair can help you deal with the feelings of inadequacy that often follow in the wake of an affair.

Divorce is difficult enough, but adding an affair to the mix can make it seem downright impossible to get over. Understanding how infidelity affects you and your divorce can help you to come through it with a more positive end in sight.

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