No adultery is bloodless. Natalia Ginzburg
Marital infidelity can be one of the important factors in the division of marital property.
In many states, the court considers evidence of marital infidelity when dividing property. In some states, adultery can also be grounds for immediate divorce without the need for a statutory waiting period.
In any case, involving adultery and property division, it is important to consult with an experienced attorney who understands the laws of your state. The specialist will help you fill out the Arizona divorce forms in PDFand make sure that all the evidence will be presented in court. With its help, the chances of a favorable outcome of a divorce taking into account treason are increased.
Award of alimony
Cheating of one of the partners can affect the amount of alimony if it is established that his actions negatively affected the standard of living of the faithful husband or wife. In addition, if the cheater used the spouse’s resources for his extramarital activities, this may be taken into account when awarding alimony.
The court takes into account the emotional suffering caused by infidelity when considering the issue of alimony. If the unfaithful partner’s behavior has resulted in reduced income or loss of employment opportunities due to feelings of humiliation or guilt, this can potentially affect alimony decisions. If the betrayal affected the physical or mental health of the faithful partner, this can also be taken into account when determining the amount of alimony. Each case related to betrayal and divorce is unique and requires careful consideration.
Here is a table summarizing divorce statistics related to adultery in different states of the United States.
| State | Percentage of Divorces Due to Adultery |
| Alabama | 22% |
| California | 15% |
| Florida | 15-20% |
| Georgia | 19% |
| Illinois | 20% |
| Louisiana | 20-25% |
| Maryland | 10-15% |
| Massachusetts | 15% |
| Michigan | 30% |
| New Jersey | 20% |
| New York | 15% |
| Ohio | 20% |
| Pennsylvania | 20% |
| Texas | 15-20% |
| Virginia | 15-20% |
| Washington | 20-25% |
Grounds for divorce
The reason for divorce is the infidelity of one of the spouses. In many states, adultery is listed as one of the legal grounds for divorce in the documents. The applicant must prove that his or her spouse cheated during the marriage. Some state laws require that evidence such as e-mails or text messages exchanged between spouses be provided in court. In other states, it does not matter if there was infidelity or not, and only the desire of one of the parties is enough to get a quick divorce (e.g., via https://cheapdivorcearizona.com/arizona-quick-divorce/).
Challenging the marriage agreement
In some cases, this is difficult to do because the evidence of marital infidelity may be circumstantial, or the infidelity may have been disclosed by an outsider. If there is sufficient evidence of infidelity and its negative impact on the marriage agreement is proven, the outcome of the divorce proceedings may be in favor of the plaintiff.
It is important to note that adultery does not always lead to the annulment of the marriage contract. The court considers all available evidence before deciding whether the agreement should remain valid. Therefore, it is important for those considering filing for divorce to consult with an experienced attorney before proceeding.
Unequal distribution of property or debts
For example, if one spouse spent family funds on a lover or mistress, the court may decide that the other party should receive a larger share of the property as compensation. If the infidelity caused emotional pain and suffering, the court may order the unfaithful spouse to pay alimony or provide other forms of financial assistance to the ex-partner.
In addition to the property division decision, adultery in divorce can affect other aspects of the case. For example, if one parent had an extramarital affair, this could hurt his or her chances of getting primary custody of the children involved in the case. The court may also take into account any incidents of domestic violence or abuse that occurred during or after the affair when making child custody and visitation decisions.
Cheating can significantly affect the divorce process and the outcome for each party. It is important for divorcing couples to understand their rights and the intricacies of the process so they can make informed decisions about their future.
Decision on custody of the child
A decision on primary physical custody of children can be made in favor of the plaintiff if he has enough arguments and evidence in court. In this case, the unfaithful partner will have limited rights to visit the children.
Infidelity can affect a court’s decision on sole custody of children if one spouse uses the other’s infidelity as leverage in property division or child support negotiations. For example, if a husband or wife finds out about a partner’s adultery, they can use this information to get more favorable terms in a divorce. In such cases, infidelity can indirectly affect child custody decisions and child support payments in favor of the claimant.
Award of punitive damages
Divorce proceedings usually involve penalties in cases where the fact of marital infidelity is proven. For example, some states require that a certain percentage of community property be awarded to the injured spouse to compensate him or her for moral damages.
In addition to fines, the court may decide on compensatory damages suffered by one of the parties. Compensation is intended to restore what was lost due to the wrongful conduct of one of the spouses and may include:
- monetary compensation for lost wages;
- medical bills;
- attorney’s fees.
Adultery can affect a divorce court’s attorney’s fees and costs judgment
In some states, if adultery is proven, the guilty party is required to pay all or part of his or her spouse’s attorney’s fees. This is important in cases where one spouse has significantly greater financial resources than the other.
In cases of divorce with infidelity, courts may also take into account certain factors, such as:
- economic losses suffered by one of the spouses due to treason;
- emotional distress caused by this infidelity.
Each case is decided to take into account all the facts and circumstances. The court has the right at its own discretion to decide on the award of costs for the attorney’s fees to one of the parties, taking into account all these factors and the details of the case.