While adultery was once a crime in many states, including Arizona, it's no longer considered a criminal offense. This means you won't face arrest or jail time for having an extramarital affair. However, it's crucial to understand the legal implications adultery can have within the context of other legal proceedings, such as divorce.
What is Adultery?
Before delving into the Arizona legal landscape, let's define adultery. Generally, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. The specific legal definition can vary slightly depending on the context (e.g., divorce proceedings vs. a criminal case – which, in Arizona's case, no longer exists). It typically requires proof of both the sexual act and the marital status of the involved parties.
Is Adultery Grounds for Divorce in Arizona?
While not a crime, adultery is a significant factor in Arizona divorce proceedings. It can be used as grounds for a "fault" divorce, which can impact several aspects of the divorce settlement, including:
- Spousal Maintenance (Alimony): Adultery can influence the court's decision regarding alimony payments. While not an automatic disqualifier, evidence of infidelity might affect the amount and duration of alimony awarded.
- Division of Marital Assets: While not directly impacting the equal division of assets, evidence of adultery might indirectly influence the court’s decisions in specific cases, especially if assets were misused or hidden.
- Child Custody and Visitation: Although adultery itself doesn't automatically affect child custody decisions, it could be considered as part of a broader assessment of the parent's fitness to care for the children. If the infidelity negatively impacts the children's well-being, it may be taken into account.
What are the Consequences of Adultery in Arizona?
The consequences of adultery in Arizona are primarily within the realm of family law, not criminal law. There are no criminal penalties, such as fines or imprisonment. However, the consequences can still be significant:
- Emotional Distress: Infidelity inevitably causes emotional pain and distress to the wronged spouse.
- Financial Ramifications: The cost of divorce, including legal fees and potential alimony payments, can be substantial.
- Damage to Relationships: Adultery can severely damage not only the marital relationship but also relationships with family and friends.
Can I Sue My Spouse for Adultery in Arizona?
While you cannot criminally prosecute your spouse for adultery, you can sue for damages in a civil court. However, proving adultery in a civil lawsuit requires substantial evidence. This type of lawsuit is less common and success isn't guaranteed. The damages awarded would typically be related to emotional distress and financial losses directly resulting from the infidelity.
What Constitutes Proof of Adultery in Arizona?
Proof of adultery in any context (civil or divorce) requires more than just suspicion. The court typically requires compelling evidence such as:
- Witness Testimony: Testimony from individuals who witnessed the act of adultery.
- Photos or Videos: Visual evidence depicting the adulterous act.
- Text Messages or Emails: Communication that explicitly confirms the affair.
Does Arizona have "no-fault" divorce?
Yes, Arizona is a "no-fault" divorce state. This means that you don't need to prove fault (such as adultery) to obtain a divorce. You simply need to demonstrate that the marriage is irretrievably broken. However, as detailed above, evidence of fault can still influence aspects of the divorce proceedings.
This information is for educational purposes only and does not constitute legal advice. If you are facing issues related to adultery and divorce in Arizona, it is crucial to consult with a qualified family law attorney. They can advise you on your specific situation and help you navigate the legal process.
