Will it Matter if my Ex Cheated in a Divorce Case?

The short answer is that infidelity usually will not matter in an Arizona divorce case but that it can in some situations. We’ll delve into this answer more below.

Why Infidelity Does NOT Usually Impact Arizona Divorce Cases
Time for Answers photo
Although Arizona is a no fault divorce state, there are certain times when infidelity can affect a divorce case, a Scottsdale divorce lawyer explains. Here’s when & why.

The reason that cheating does not typically affect Arizona divorce cases is that Arizona is a “no-fault” divorce state. This effectively means that:

  • Fault does not need to be established to get a divorce.
  • Fault is not considered by the court when it’s time to decide on the issues of the divorce, such as how the property is to be divided, how parenting time should be split up, etc.

Instead, in no-fault divorce states like Arizona, one party in the marriage simply needs to affirm that the marriage is irrevocably broken (i.e., there is no hope of reconciliation) to proceed in divorce.

Additionally, because Arizona is a community property state, fault is not generally considered when addressing the issues in the divorce; instead, factors like equitable distribution and what is in the children’s best interests will be at the forefront of these matters.

When & How Cheating may Affect a Divorce Case

With most rules come some exceptions, and this holds true for the issue of infidelity in divorce. In fact, cheating may play a role in a divorce case if or when:

  • A significant portion of martial assets or community property was given to the unmarried romantic partner. This could cause the cheater to lose some ground in property division determinations.
  • A substantial amount of marital debt was acquired as the affair or infidelities were carried out. This could impact how the debt divided, with the cheater likely being ordered by the court to cover the portions used to fund the affair.
  • A couple signed a prenuptial agreement that contained an infidelity clause. This could have various impacts, depending on the provisions of that clause.
  • The affair may affect a parent’s ability to look out for the best interests of a child due to, for instance, who the affair was with. This could affect parenting time decisions if a case can be made that the affair (or pattern of infidelity) could harm a child.
Contact a Scottsdale Divorce Lawyer at the Law Office of Karen A. Schoenau

Are you ready to get answers about your best options for proceeding with a divorce? If so, you can rely on Scottsdale Divorce Lawyer Karen Schoenau for honest answers, effective representation and the best possible outcomes to your case.

To receive professional advice and learn more about how Attorney Karen Schoenau can help you, schedule an initial consultation with her today. You can set up this meeting by calling 480-209-1918 or by emailing us using the drop-down contact form at the top of this page.

From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues. Mark
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice. Nolan
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!! Jim
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation. Deanna