(Washington Insider Magazine) – Marriages can sometimes fall victim to infidelity, which can cast a long shadow over the process of divorce. When navigating the often intricate and emotionally charged path of divorce, having a clear understanding of the legal implications becomes crucial, regardless of whether the infidelity occurred on your part or your spouse’s. This article delves into the realm of adultery, divorce, and Arizona’s legal landscape, shedding light on questions like, “Is cheating illegal in Arizona?”
Is Cheating Illegal In Arizona?
In this section we will discuss the different laws in Arizona that give the answer to the query: Is cheating illegal in Arizona?
1. Unraveling Adultery Laws in Arizona
To grasp the scenario fully, let’s begin with the legal aspect. Arizona Revised Statute 13-1408 is the cornerstone of Arizona’s adultery laws. Interestingly, both husbands and wives can use this law to prosecute an unfaithful partner. In Arizona, adultery falls under a Class 3 misdemeanor when proven beyond doubt.
Arizona’s definition of adultery is precise: it pertains only to sexual intercourse outside of marriage. No other forms of misconduct are regarded as adultery under Arizona law. A Class 3 misdemeanor, while not the most severe, can result in up to 30 days of imprisonment, a $500 fine, and a year of probation.
2. Adultery and Divorce Laws in Arizona
The next important point to note is that Arizona operates as a no-fault divorce state. This implies that neither party has to provide a reason for the divorce when filing. Divorce proceedings hinge on the declaration that the marriage is “irretrievably broken.”
While the act of adultery doesn’t directly impact the initiation of a divorce, it can influence various other aspects of the separation process.
3. Adultery’s Ripple Effect: Asset Division and Alimony
Alimony, also known as spousal support, involves the higher-earning spouse providing financial support to the lower-earning spouse to sustain their pre-divorce standard of living. Importantly, adultery does not factor into the calculation of alimony amounts in Arizona. The court determines spousal support based on the combined income of both partners.
Where adultery can have a notable impact is in the division of assets. Suppose an adept divorce attorney can prove that the unfaithful spouse’s financial irresponsibility led to significant spending on the affair. In that case, they may be entitled to a larger portion of the marital property acquired during the marriage. This hinges on establishing a link between the affair and financial misconduct.
4. The Exception of Covenant Marriage
While Arizona typically follows a no-fault divorce approach, there is an exception in the case of covenant marriages. Covenant marriages involve pre-marital counseling and a heightened commitment level. In such unions, adultery becomes one of the valid reasons for divorce. However, the aggrieved party must initiate the divorce, with the other spouse being at fault.
This unique scenario stems from the fact that a covenant marriage places special emphasis on lifelong commitment. Aside from adultery, other reasons for dissolving a covenant marriage include criminal activities by a spouse, year-long separation, and various forms of abuse.
5. Adultery’s Influence on Divorce Proceedings
While adultery isn’t a direct legal determinant in Arizona’s divorce court, it can indirectly affect the proceedings. One party might use evidence of the affair to argue against granting custody or visitation rights to the unfaithful spouse. For instance, they could argue that the affair led to poor budgeting for childcare or insufficient time spent with the children.
The argument might extend to the detrimental effect of introducing new partners to the children. Such claims could position the unfaithful spouse as unfit for custody, potentially impacting the court’s decision on family matters.
6. Navigating the Complex Terrain
Adultery might not be a legal linchpin in Arizona’s divorce cases, but it does introduce intricacies and complications. If you’re grappling with concerns of spousal infidelity or facing accusations, seeking professional legal counsel becomes imperative. Divorce is a sensitive juncture, and understanding the nuanced legal implications can play a pivotal role in shaping the outcomes for all parties involved.
Final Words: Is Cheating Illegal In Arizona?
In Arizona, adultery’s impact on divorce hinges on factors such as asset division, potential financial consequences, and its potential to influence child custody decisions. While the legal system might not explicitly criminalize infidelity, its echoes ripple through divorce proceedings, underscoring the importance of a well-informed and strategic approach to navigating the complexities of marriage dissolution in the Grand Canyon State.
