There are many reasons a marriage ends, but few can be as emotionally painful and disruptive as adultery. Discovering that your partner has been unfaithful can leave you dealing with feelings of betrayal, anger and uncertainty about the future. The life once imagined together for years to come can suddenly feel like it has been turned upside down, leaving a difficult decision: forgive the disloyalty and try to rebuild the relationship, or accept that it may be time to move forward with divorce.
At Shaffer Family Law, we help clients throughout Maricopa County come to terms with the reality of their spouse’s actions and navigate the challenges that may follow. One of the questions we frequently hear is whether infidelity will have any legal impact on the divorce process. Generally, it will not. However, certain circumstances surrounding the affair may become relevant when the court addresses issues, such as property division, spousal maintenance, or parenting matters.
What Effect Does Adultery Have on Divorce in Arizona?
- Divorce: Arizona is a no-fault divorce state, meaning you do not need to prove which spouse was responsible for the breakdown of the marriage. Instead, the court generally must find that the marriage is irretrievably broken before granting a divorce.
- Property Division: Arizona law requires that community property be divided equitably, regardless of marital misconduct. Even so, if marital funds were used to support an affair, the court may take those expenditures into account when dividing the marital estate. As a result, a larger share of the community property may be awarded to offset the funds spent.
- Legal Decision-Making and Parenting Time: Infidelity alone does not make someone an unfit or bad parent. However, if an affair places a child’s safety at risk, exposes them to inappropriate circumstances, or interferes with a parent’s ability to care for the child properly, the court may review those factors when evaluating the child’s best interests.
- Spousal Maintenance: Adultery itself does not influence whether spousal maintenance is awarded or the amount ordered. Nevertheless, if spending related to the affair significantly affected the marital finances, the court may consider that financial impact when determining the amount of spousal maintenance.
- Child Support: Adultery doesn’t play a role in child support calculations. That said, if it results in a change in parenting time, the amount of child support owed may also change.
Shaffer Family Law for Adultery and Divorce in Arizona
These effects are not automatic, however. Simply proving that an affair occurred does not necessarily change the outcome of a divorce.
Instead, it is important to focus on the factors that are legally significant in the case. This may include demonstrating that community assets were improperly spent, transferred, concealed, or otherwise disposed of, or showing how a parent’s conduct has interfered with their ability to fulfill their parental responsibilities and protect their child’s well-being.
Working with an experienced divorce attorney at Shaffer Family Law can help identify which circumstances are relevant to your situation and present them clearly when addressing property division, legal decision-making, and parenting time in an Arizona divorce.
Call us at (480) 470-3030 or request your appointment online to get the guidance you need during this challenging time.