It depends. For the most part in Arizona infidelity does not by itself have any relevancy in a divorce proceeding. However, there are some circumstances when a Court is compelled to consider as least some component of a spouse’s affair.
Let’s back up a step and talk about why infidelity generally does not have an impact on a dissolution proceeding in Arizona as it does in some other states. Some states have juries to decide whether one spouse was at “fault” based on a delineated list of impermissible conduct (adultery, imprisonment and cruelty are just some examples). A divorce in those states cannot be granted unless one of these things is proven. Keep in mind, however, that Arizona is a no-fault divorce state. Essentially, this means neither party is required to prove anything specific to be granted a divorce other than a verified statement that there are irreconcilable differences and an allegation that there is no reasonable prospect of reconciliation with the other spouse. What does that mean exactly? Who knows? There are no set criteria. There is no real definition. So basically, you can simply wake up one morning and decide you are sick and tired of your spouse.
So, you can file for and obtain a divorce without proving your partner did anything wrong. Don’t you still have to get them to agree to the divorce? Nope. Not in Arizona. The fact that your spouse doesn’t agree to the divorce does not stop it from happening. “But my spouse was spending ridiculous amount of money on their affair? Does that not matter?” Okay, this is one of those potential scenarios where infidelity becomes relevant in your divorce, but it’s important to understand that it’s more about the money spent or the debt incurred that is important. Proving that your spouse has spent significant sums on their affair, such as cars, trips, or hotels and apartments for their trysts can often be seen by the Court as irresponsible and wasteful and you may therefore be entitled to reimbursement. Most certainly, your cheating spouse will be responsible for 100% of the debt incurred related to their indiscretions.
As an aside, it is important to remember that a court’s ruling on debt division does not have an impact on a third-party creditor or its right to collect. In other words, just because your Decree says a particular debt is your spouse’s debt does not mean a credit card company can’t go after both of you for the debt incurred on a joint card in the event your spouse decides to stop paying on it. This is where including an indemnity clause is crucial in your divorce Decree. For more information on this specific topic see (link to debt and divorce article here). “But my spouse’s new boyfriend mistreats my children and has a criminal history? Does that not matter?” Of course this matters. This is yet another example of when at least some component of your spouse’s infidelity plays a part in particular provisions in your Decree. Your Judge must consider what is in the best interest of your children when rendering a decision on legal decision-making and parenting time. If this person is going to be around your children the Court must know about that person’s past and about how your children will be impacted by that person’s involvement in your children’s lives.
Oftentimes, after overcoming the misperception that infidelity is not relevant in their divorce case, most clients can begin the process of putting their emotions aside and begin to focus on what really matters. That being said, however, they may also erroneously think that their divorce will be simple. Unfortunately, there may still be a lot to negotiate and attempt to resolve in even the simplest, most congenial divorce matter. That doesn’t even begin to consider kids, pets, businesses, etc. You will need
a good local divorce attorney on your side and you’ll need to spend some real time planning your divorce before you file for anything. If you are considering a divorce, the first step is to speak with several attorneys to find the one that is right for you. You will need to feel comfortable with whom you select and feel confident that individual will be your biggest resource, supporter, companion and ally through your divorce process.
