Infidelity and Divorce in Arizona

infidelity and divorce

Infidelity and Divorce in Arizona

One of the first thing clients ask their Arizona divorce attorney is how much alimony they’re entitled to. It’s not an unreasonable question. If your spouse has been the breadwinner for the duration of your marriage, divorce can be quite scary. This is especially true if you’ve never worked and don’t have a college degree. Trying to find a job after staying at home for several years can be challenging.

In Arizona, as with most states, there’s no guarantee that anyone will receive spousal maintenance. It all depends on the facts of your case. Some people think that they’ll get more alimony if their spouse cheated on them. Unfortunately, this isn’t the case. It really doesn’t matter what your spouses did during the marriage. Whether or not you get alimony will be determined by the court. They’ll try to find an amount that is fair. But they won’t punish your spouse because they had an affair.

What your Arizona divorce attorney will do is argue for as much money as possible. Of course, they can only get what you’re entitled to. If you and your spouse have the same earning potential, there’s no good reason why you would get spousal maintenance. Your attorney will have to show that you can’t afford to life the same kind of lifestyle you enjoyed while you were married. The only way to know for sure is to call and talk to a skilled Arizona divorce attorney.

Arizona is a No-Fault Divorce State

A lot of people don’t understand that Arizona is a no-fault divorce state. This means that you don’t need to cite a specific reason for why you want to get divorced. Years ago, the courts followed something called common law. Under common law, you did have to list a reason for why you were filing for divorce. Some of these reasons included:

  • Adultery
  • Fraud
  • Impotence
  • Irreconcilable differences
  • Desertion
  • Disability
  • Alcoholism

Today, most courts no longer follow the common law. It’s not so important why you want to get divorced. It’s not as if the courts are going to force a couple to stay married if they don’t want to. These common law rules were based on the fact that women used to be considered property. The courts weren’t going to deprive a man of his property without a good reason. Today, this type of thinking is obsolete. Your Arizona divorce attorney is very familiar with the divorce statutes. They know that you don’t need a certified reason for getting divorced. This is why your spouse’s cheating on you doesn’t impact spousal maintenance.

Not Everybody Gets Alimony in a Divorce

Not only is Arizona a no-fault state, but it’s also a state where nobody is guaranteed spousal maintenance. Some people think that the wife is always going to get alimony. And, while it usually is the ex-wife who gets spousal maintenance in Arizona, it isn’t automatic. Your Arizona divorce attorney will need to prove that you’re entitled to alimony. Some of the things the judge will consider include:

  • Your earning potential
  • Whether there are young children at home
  • If you have a past career
  • Your education
  • How much you earned compared to your spouse
  • What sort of assets you’ll be taking out of the divorce

If the court feels that you can support yourself, they aren’t going to award you alimony.
If you have any questions about adultery or spousal maintenance, call and talk to an experienced Arizona divorce attorney right away.

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