How Does Cheating Influence Divorce Outcomes?

How Does Cheating Influence Divorce Outcomes?

cheating divorce mediation Divorce is a complicated and emotionally challenging process. There are many factors that influence the divorce process in a variety of ways. Although there are many different reasons for choosing to divorce, one common factor that is present in many divorce cases is cheating. Infidelity certainly impacts divorce proceedings in many ways but every state has unique regulations about how it will specifically impact divorce outcomes. 

Understanding Infidelity and Divorce in Arizona

Arizona is a no-fault divorce state, which means that neither spouse needs to prove that the other spouse did something wrong, such as cheating, in order to get a divorce. However, this also means that the court will not consider the reasons for the divorce, including cheating, when making decisions about things like property division, child custody, or spousal support. The focus in Arizona divorce cases is on reaching a fair and equitable settlement, regardless of who is “at fault.”

Property Division 

Arizona follows community property law, which means marital assets are divided equally. If infidelity led to a significant loss of assets, the court may consider that.

Spousal Support

Infidelity doesn’t usually affect alimony in Arizona. The state’s guidelines consider factors like length of marriage, income, and financial situation. However, if the cheating spouse used marital funds for the affair, the court may consider it when determining a spousal support amount.

Child Custody

Arizona courts prioritize the child’s best interests in custody decisions. Infidelity is not usually a factor unless it harms the child. Courts care more about each parent’s ability to provide a stable and nurturing environment.

Divorce Mediation and Cheating

When infidelity is an aspect of divorce, it may increase tension, emotions, and communication difficulties. A skilled mediator can help couples work through their emotions and come to an agreement that works for both of them. Mediation can help couples focus on the future and their children’s needs, rather than dwelling on the past. Infidelity can strain divorce proceedings in Arizona, but it’s not a major factor in outcomes. If you’re going through a divorce involving infidelity, consult an experienced divorce mediator for help.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster