[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Arizona law classifies adultery as a class 3 misdemeanor. However, it\u2019s only prosecuted if the adulterer\u2019s spouse files a complaint. Penalties for a class 3 misdemeanor include up to 30 days in jail and fines of up to $500.  A spouse who has been cheated on may file a complaint with the police, who will investigate the incident. It can be very tempting to try to send your cheating spouse to jail. However, before taking this step, you may benefit from the advice of an experienced divorce attorney. They can explain how this could impact your divorce case and any settlement negotiations with your soon-to-be-ex spouse.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Because Arizona is a no-fault divorce state, the court does not consider fault on the part of either spouse in granting a divorce or dividing assets and debts. One exception to the rule is a covenant marriage, where adultery is one of the few grounds for which Arizona law permits divorce. However, this law will not apply in most cases.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"The court usually will not deny spousal support payments to a spouse who committed adultery. The court does not generally consider the reasons for divorce when dividing assets and debt or determining spousal or child support.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"Typically, an affair will not affect the amount of alimony payments awarded in a divorce.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"Marital waste occurs when one spouse intentionally wastes community assets or spends lavishly for their own benefit, such as during an affair. If the amount spent by the cheating spouse is substantial, the court might consider it when dividing community assets or determining alimony during a divorce. However, marital waste is difficult to prove. You should speak to an attorney if you are thinking about pursuing a claim of marital waste.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Under Arizona law, the court may consider \u201cexcessive or abnormal expenditures\u201d when dividing property during a divorce. If you and your attorney can determine the amount your spouse spent on the affair, you could argue that you deserve a larger share of the community property.  This is where having a tenacious, experienced Arizona divorce lawyer can be very helpful. Your lawyer may need to investigate your financial records or even hire a forensic accountant to see if your spouse had hidden accounts or a credit card they used for the affair.","name":"Answer Question5","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Is Adultery Considered a Crime in Arizona?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer1"},"name":"Is Adultery Grounds for Divorce in Arizona?","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question1"},{"@type":"Question","name":"If My Spouse Committed Adultery, Can They Be Denied Spousal Support Payments?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer2"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question2"},{"@type":"Question","name":"Will an Affair Affect the Amount of Alimony Payments?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer3"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question3"},{"@type":"Question","name":"What Is \"Marital Waste\"?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer4"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question4"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Answer5"},"name":"Can I Receive a Larger Share of Community Property Assets If My Spouse Had An Affair?","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#Question5"}],"name":"Will an affair be held against you in an Arizona divorce","@id":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Will an affair be held against you in an Arizona divorce","item":"https:\/\/www.phoenixlawteam.com\/blog\/will-affair-be-held-against-me-in-divorce\/#breadcrumbitem"}]}]