Although adultery can be emotionally devastating, it is usually not relevant to divorce in Arizona. Arizona is a no-fault divorce state, which means couples can get a divorce without one of them being at fault. It also means that the court will divide the couple’s property and debt, determine child custody and visitation, and determine child support and spousal maintenance without regard to marital misconduct.
Although adultery is not an issue in itself and is not directly relevant to the divorce, it may be relevant to certain narrow issues. For example, if one spouse incurs tens of thousands of dollars in credit card debt having an affair, the other spouse can argue that the resulting debt is community waste which did not benefit the marital community and the court should declare the debt to be the other spouse’s separate debt.
Part of the benefit of hiring an attorney for your divorce is having someone who is not emotionally devastated or angry about your divorce and who can analyze the legal issues and give you good legal advice.