Disclaimer: Please note that this article is not intended to be legal advice. You should always talk to an attorney who is skilled at family law about your unique situation.
Typically heard in a lot of law offices – and in most cases, Moshier Law can help. When you have been cheated on, it’s an extremely painful experience to endure. It makes it difficult to think clearly for days, weeks or sometimes months after you have discovered her infidelity. But if you are like most men, choosing to divorce after infidelity is the only way to go.
When Your Wife Cheated on You and You Want to Divorce
The first step is to speak with a Moshier Family Law divorce attorney. There is no commitment, but you do need to know what your options are. Speaking with a lawyer doesn’t mean you need or have to get divorced; it provides you with a professional legal opinion in your situation. The attorney you speak with will explain what will happen next, what the divorce process is and what you need to do to safeguard your assets. They’ll also clarify how things like child custody and the division property work. Under Arizona law, there are two ways to get divorced: uncontested or contested. It doesn’t matter if your divorce is uncontested or contested, you can still get divorced even if she doesn’t want to.
An uncontested divorce is a divorce in which you are both in agreement to the terms of the divorce.
A contested divorce is one in which one spouse does not agree to the divorce terms.
I was Cheated on and I Want a Divorce: Does Adultery Matter?
In Arizona, spouses can get no-fault divorces. This means you don’t need to prove to the court that your spouse cheated on you for a judge to grant you a divorce. Arizona courts aren’t expected to take adultery into account in regard to granting a divorce. Nevertheless, the judge might consider your wife’s cheating as far as the financial implications it had on you. Judges are also authorized to take into consideration the magnitude the cheating had on the children, but it’s not an everyday occurrence.
Infidelity And Division Of Property
Even though your wife cheated on you, she’s isn’t going to come up short on the property agreement. Because Arizona is a community property state, anything you obtain throughout the marriage needs to be fairly divided. (Anything either of you brought into the marriage, including inheritances and gifts meant for only one of you, is separate property and usually only belongs to the initial owner.) The same holds true with debt division– some are separate, and some are communal.
Infidelity And Alimony
A number of men must deal with an adulterous wife who asks for spousal support. And whereas the family court system cannot discipline a woman that cheated by refusing her alimony – the law only permits the court to evaluate financial need – the judge in your case may award her less spousal support if she is living with her cheating partner. Since living with someone else diminishes her need for financial assistance. When your adulterous wife is living with her cheating partner (or someone else) prior to your divorce being finalized, and definitely after the divorce is final, tell your attorney.
Can An Adulterous Wife Get Child Custody?
Arizona’s child custody decisions are based on what’s better for the children. Even after your wife was adulterous, the courts won’t automatically deem her a bad mother or that she’s bad for the children. The only occasion the courts will contemplate infidelity in custody cases is when she does anything that impacts her suitability as a parent, like engaging in sexual acts in the presence of the children.
If Your Wife Cheated On You and You Want a Divorce…
When your wife is adulterous and you want a divorce, Moshier Law is here to help. It’s perfectly normal to end a marriage after someone cheats; in fact, a lot of people say a marriage can never recover after someone cheats.
My Wife Cheated On Me and I Want a Divorce But Have No Money
Getting a divorce with no money is possible as there are resources out there that can help you get a divorce for a low cost or free. However, you should know that divorce mediation is one of the most affordable types of divorce. It’s a form of collaborative divorce where spouses work together to negotiate a divorce settlement that works for both parties.
- “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce/.
Divorce Attorney in Scottsdale & Phoenix, Arizona
Moshier Law should be your first choice for when you need the best divorce lawyer in Scottsdale and Phoenix, Arizona. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, you’ll know every option.