There may be nothing more difficult than coming to the realization that your marriage is broken beyond repair. When the breakdown occurs due to the infidelity of a spouse, it only compounds the pain of the entire situation. Many people want to know if the courts take infidelity or other harmful behaviors into account in considering the divorce settlement.
The short answer is, no. Arizona is a no-fault marriage state, which means that the reasons for either spouse seeking a divorce have no bearing on the couple’s ability to get a divorce or the court’s decision-making process in issuing orders. At Lasiter & Jackson, in Phoenix, we help clients with all types of family law issues. We provide strong, results-oriented representation and work diligently to secure the best possible outcome in every case.
While Arizona law does not specifically consider the behavior of the spouses in a divorce proceeding, we do everything in our power to present the strongest possible argument in pursuit of a settlement that puts you in the best position as you transition into this next phase of your life. Whether through negotiation or litigation, we are committed to helping you obtain the most favorable outcome.
In recent years, legislation has been introduced to change the law so that adultery is included in Arizona’s definition of marital misconduct. If successful, the change would allow judges to consider infidelity when making its determination with regard to such issues as property division, spousal support and custody. However, such legislation has not yet been made law.
If you have questions about infidelity and marriage, please contact our office today to speak with one of our family law attorneys.