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65xlh · Dec 23, 2008, 08:56 AM

If my spouse (she) committed adultery would there be any advantage to the victim in the divorce outcome? I reside in Arizona and believe they don't recognize fault divorces.:(

450donn · Dec 23, 2008, 09:00 AM

No expert, but in today's society and no fault divorces it seems nothing is needed for a divorce. But you should consult a local attorney for the real answer.

Fr_Chuck · Dec 23, 2008, 04:41 PM

Is there going to be an issue with custody of children ? Is there going to be an issue with property division.

Normally it makes little difference in court

cadillac59 · Dec 30, 2008, 11:44 PM

Originally Posted by 65xlh

If my spouse (she) committed adultery would there be any advantage to the victim in the divorce outcome? I reside in Arizona and believe they don't recognize fault divorces.:(

No. Adultry is IRRELEVANT in a no-fault state and in some (like California) you cannot even bring it up in court. And I also question your use of the term "victim." Forgive me for sounding insensitive, but in my opinion you are not a victim of anything. That's life. As hurt as you may feel, the courts are not the place to seek redress for having been married to a person who was not faithful. Sorry. Counseling might help if you are bothered by it.

JudyKayTee · Jan 5, 2009, 01:31 PM

Originally Posted by 65xlh

If my spouse (she) committed adultery would there be any advantage to the victim in the divorce outcome? I reside in Arizona and believe they don't recognize fault divorces.:(

Not in NY - in fact, the Judge won't even hear the word.

Knightrider1965 · Feb 26, 2009, 07:48 PM

Go to divorcesupport.com and you can look up the laws for divorce for your state. What I read Adultery is grounds in AZ.

JudyKayTee · Feb 27, 2009, 06:51 AM

Originally Posted by Knightrider1965

Go to divorcesupport.com and you can look up the laws for divorce for your state. What I read Adultery is grounds in AZ.

The question was whether there is an ADVANTAGE to using adultery over any other grounds for divorce, perhaps as a bargaining chip. I have looked at AZ law. I see no advantage IF it's allowed to be used as the grounds.

Knightrider1965 · Feb 27, 2009, 07:15 AM

Originally Posted by JudyKayTee

The question was whether there is an ADVANTAGE to using adultery over any other grounds for divorce, perhaps as a bargaining chip. I have looked at AZ law. I see no advantage IF it's allowed to be used as the grounds.

If Adultery can be used as a grounds in a lot of states a lot of judges will take it into consideraation. In my state it can also have weight in who gets the kids, house, etc. I am currently going through such a divorce. I have pics, text, a sworn afidavit from the one she was sleeping with, and much, much, more. It all depends on who you get for a judge and their beliefs. I live in what is known as the bible belt.

JudyKayTee · Feb 27, 2009, 07:23 AM

Originally Posted by Knightrider1965

If Adultery can be used as a grounds in a lot of states a lot of judges will take it into consideraation. In my state it can also have weight in who gets the kids, house, etc. I am currently going through such a divorce. I have pics, text, a sworn afidavit from the one she was sleeping with, and much, much, more. It all depends on who you get for a judge and their beliefs. I live in what is known as the bible belt.

I'm amazed that Judges would grant what basically amounts to money - support, division of property - based on a person's morals but I do know that it happens. I don't believe being an unfaithful partner makes a person a bad parent - but that's a subject for a discussion thread, not the divorce thread.

Knightrider1965 · Feb 27, 2009, 07:52 AM

Originally Posted by JudyKayTee

I'm amazed that Judges would grant what basically amounts to money - support, division of property - based on a person's morals but I do know that it happens. I don't believe being an unfaithful partner makes a person a bad parent - but that's a subject for a discussion thread, not the divorce thread.

The main reason I said to check her state's laws is because she didn't think that Arizona recognized fault divorces in her thread. After checking I found out that they do. Bad morals can also lead to being a bad parent. That is teaching the children that it is OK to be unfaithful to your spouse. Our children are influenced by our behavior. I am a firm believer in this because I am a Baptist minister and the bible teaches the way we are supposed to behave. Adultery is the only forgivable divorce in the bible.

JudyKayTee · Feb 27, 2009, 08:08 AM

Originally Posted by Knightrider1965

The main reason I said to check her state's laws is because she didn't think that Arizona recognized fault divorces in her thread. After checking I found out that they do. Bad morals can also lead to being a bad parent. That is teaching the children that it is ok to be unfaithful to your spouse. Our children are influenced by our behavior. I am a firm believer in this because I am a Baptist minister and the bible teaches the way we are supposed to behave. Adultery is the only forgivable divorce in the bible.

This is a religious argument, not an answer to the OP's legal question, but you are certainly entitled to your opinion, as I am entitled to mine. I am more of the "I believe" or "I see it this way" than than the "this is how it is" school of thought, but, again those differences make the World go around. I didn't realize that divorce is an unforgivable sin in the Baptist Church. I believe more in redemption, second chances, forgiveness - again, a different religious viewpoint.

This might be a good topic for one of the discussion boards, a calm exchange of ideas and beliefs.

After reading your other threads concering your wife having an affair and leaving you, taking the children, I am not certain you have 100% clear vision when it comes to questions concerning divorce and custody. I find that bitterness on the part of either parent affects the children far more than the act of adultery - and I'm in the "legal business."