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Adultery may determine the type of divorce you have

On Behalf of | Mar 22, 2021 | Blog, Divorce

When couples in Arizona decide to get a divorce, they’ve reached the point where they realize the marriage isn’t salvageable. Usually at this point, the couple agrees to negotiate on things like child care, child support, alimony and all of the other necessary parts of a divorce. During amicable divorces, this process is relatively straightforward. However, divorces involving accusations of infidelity can be more difficult to resolve.

What happens during a divorce when there’s been infidelity?

When a divorce is taking place because of infidelity, things can get more complicated. The injured party may feel hurt and want to punish the spouse who cheated. Some people hope that because their spouse cheated on them, they’ll collect a higher amount of spousal support or benefits in the divorce. In some states, the injured spouse may receive more out of the divorce.

What’s the difference between a fault divorce and a no-fault divorce?

A no-fault divorce is one where neither party carries the blame for the demise of the marriage. A fault divorce is one where one party is held responsible for the demise of the marriage. Some states have fault grounds for divorce only while others have both fault and no-fault grounds. In some fault divorce cases, the injured party gets awarded more out of the divorce settlement if they prove that they were wronged.

In Arizona, most divorces are no-fault divorces, so judges in these cases don’t look at issues of marital misconduct like adultery. The exception to this rule is if the couple in question has something called a covenant marriage. A covenant marriage is one where the couple goes through a specific type of marital counseling to strengthen their union. If a divorcing Arizona couple had a covenant marriage, one spouse can ask for a fault-based divorce.

Where can people go to get help with questions about ending their marriages?

Dissolving a marriage is more difficult when the spouses disagree on issues like alimony or child support. People who have questions about divorce may benefit by working with attorneys who have experience in family law.