Couples in Arizona divorce for many different reasons. Growing apart over the years, spousal abuse and financial challenges are among the top causes of modern divorce. Infidelity also remains one of the most common reasons people decide to file for divorce.
Arizona has no-fault divorce statutes. Unless someone wants to dissolve a covenant marriage, proof of fault isn’t necessary to legally divorce. People simply assert that irreconcilable differences have forced them to end a marital relationship.
Oftentimes, people want some kind of justice or closure from the courts if their spouses cheat. How much influence can infidelity have on Arizona divorce proceedings?
The family courts aren’t there to provide punishment
The uncomfortable reality for those divorcing over marital misconduct is that the courts do not give much weight to misconduct when deciding what turns to set for a couple. Infidelity itself usually does not directly influence property division terms.
It is also highly unlikely to influence custody determinations. There may be exceptions for scenarios in which infidelity led to either neglect of the children or their exposure to a dangerous and abusive environment. In some cases, infidelity can influence spousal maintenance or alimony. Marital agreements or scenarios where a higher-earning spouse cheated on a dependent spouse could see maintenance adjustments made based on marital misconduct.
When it comes to property division, bad behavior during marriage does not typically deprive someone of their community property rights. However, if one spouse can prove that the other wasted marital resources on an extramarital affair or if they can show that certain debts are the result of the affair, they may be able to ask the courts to factor that financial dissipation into the overall division of their assets.
Many people waste time and energy trying to gather evidence of infidelity, only to learn that they don’t need to provide that evidence to the courts at all. There is an old saying that living well is the best revenge. That can certainly be true for those seeking to leave a marriage because of a spouse’s infidelity. Filing for divorce and focusing on the future is often a better option than demanding judicial punishment for a spouse who has cheated.
