Is Adultery Illegal in Arizona?

Adultery in Arizona Divorce

Infidelity does occur in marriages, and it can have a significant impact on a future divorce. Understanding the law will be essential during a drawn-out and frequently traumatic divorce process, regardless of whether you were unfaithful or your spouse was at fault. So, does adultery have any impact on divorce in Arizona?

First – Is Adultery illegal in Arizona?

The Arizona Revised Statute 13-1408 provides some clarification on the state’s adultery laws. A partner who has been unfaithful may be prosecuted under the law by either a husband or a wife. Adultery is a Class 3 misdemeanor in Arizona when it is proven to have occurred.

In Arizona, adultery is only considered to have occurred if the spouse has intercourse with someone other than their wife or husband. Adultery is not regarded as anything other than sexual activity in Arizona.

One of the less severe punishments in Arizona is a class 3 misdemeanor. In Arizona, a class 3 misdemeanor carries a maximum sentence of up to 30 days in jail, a $500 fine, and a year of probation.

Even though a class 3 misdemeanor may only carry minor punishments, getting one will have a number of negative effects. If the judge rules that probation is required and the person on probation commits another crime while on probation, they risk serving a significant amount of time in jail.

Arizona Divorce and Adultery Laws

Arizona is a state that doesn’t consider who is at fault during a divorce. This indicates that neither party is required to give a reason for the requested divorce when filing. Divorce proceedings cannot be started unless one spouse declares that the marriage is “irretrievably broken.”

While adultery won’t affect the divorce application itself, it might have an effect on other aspects of the separation.

Cheating, Asset Division, and Alimony

The sum that the spouse with the higher income pays to the spouse with the lower income is known as spousal support or alimony. Alimony is intended to maintain the same standard of living that both parties experienced during the marriage.

Cheating has no effect on the amount of alimony that will be granted in Arizona. Judges are prohibited from taking unfaithfulness into account when performing the calculations. The total amount of spousal support is determined by the combined income of the two partners.

The division of assets can reveal how adultery affects divorce in Arizona.

The cheating spouse might demand more of the marital property that was acquired as a community asset. When a competent divorce lawyer establishes that the adulterous spouse has been financially irresponsible, this may occur. Bank account records or a credit card spending audit can be used to demonstrate that significant amounts were spent on the affair.

The other spouse will be entitled to a 100% reimbursement if an attorney is able to show that one of the spouses was financially irresponsible due to cheating. They might be eligible for a smaller share of the family debt even if they don’t receive more of the community assets (or no debt at all in the aftermath of the adultery).

Infidelity in Covenant Marriage Divorces

When it comes to divorce, Arizona is a no-fault state, but there is one exception. People who choose to get married in a covenant are the exception.

Pre-marital counseling is required in a covenant marriage, and the couple is aware that they are making a lifetime commitment. In the event of a conflict, it is the couple’s duty to seek

People who enter a covenant marriage cannot get a no-fault divorce. Adultery is one of the reasons listed for the breakup of covenant marriage in Arizona law. The person that has been cheated on will have to do the divorce filing and the other one would be at fault.

One of the few causes for a covenant marriage’s formal dissolution is this. Other factors include one spouse committing a crime, leaving the marital home for at least a year, abusing one another physically or sexually, and continuing to live apart without reconciling for an extended period of time.

Adultery has no effect on the dissolution of a covenant marriage other than to give cause for divorce. The legal procedure will be the same for spouses who do not have a covenant marriage once one party has a reason to ask for a divorce.

Spouse’s Infidelity in Divorce Proceedings

Although adultery is not usually regarded as such by Arizona judges in divorce cases, one party may be able to use it to present a negative view of the unfaithful spouse. The court’s decision on family issues like child custody and visitation may ultimately be impacted by this.

For instance, one parent might assert that the other parent wasted their childcare budget or spent little time with the child as a result of the affair. Some parents contend that letting their children see their parents date outside of the home is not the best thing for their development. These kinds of claims show that the unfaithful partner is unfit to have custody of the child.

In conclusion, even though adultery is not technically taken into consideration by the court, it makes divorce more uncertain and challenging. Do not hesitate to speak with an attorney if you believe your spouse has been unfaithful to you or if you are the one being accused of infidelity.

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