One of the most mentally and psychologically painful experiences one can endure is when you discover your spouse has been cheating on you. The pain can endure for months as you come to terms with the situation. Understandably many men think the only option from this point is opting for divorce.
When Your Wife Cheats on You and You Want a Divorce
Your first port of call should be to speak to an experienced attorney. At this stage, you do not have to decide upon a course of action, but you should be aware of the options that are available. Similarly, just speaking to an attorney does not mean you will get a divorce, it just allows you the chance to obtain legal counsel regarding your current position. The attorney will explain the step by step process, should you decide on a divorce. They can also explain issues such as child custody and the division of property. You will also be made aware your divorce can go one of two ways, uncontested and contested. In short, a contested divorce is where the other party will not agree with the terms of the divorce you propose, and an uncontested divorce is when the other party does agree.
Does Infidelity Matter?
Since the advent of no-fault divorces, it means infidelity no longer has to be proven. However, the judge may take it into consideration if the acts of infidelity have had a negative financial impact on you. They may also consider the impact the infidelity has had on the child or children of the parents.
Property Division and Infidelity
Regardless of your wife cheating, it does not disqualify her from a property settlement. As Arizona is a state with a community property law, anything you acquired during marriage must be split evenly. The same applies to a division of debts, some will be considered separate and others will be considered community debts.
Alimony and Cheating
It is a fact, a wife who cheats will still ask for alimony in many cases. However, a court may offer her less alimony as it is based on financial need, if, for example, she has already moved in with her partner from the affair. You need to let your attorney know if the affair partner (or indeed any other party) is living with your wife before the divorce becomes finalized and of course, once the divorce is final.
A judge is always going to act in what they consider to be the best interests of a child or children involved in the divorce process. Sadly, courts will not always think your wife is a bad Mom, even if she has cheated on you. The only way something of this nature would come into play would be if her infidelity threatens the wellbeing of the child or children. For example, engaging in acts that can be described as sexual in nature around the children.
Sadly, many relationships can never bounce back after cheating. The damage is irreparable. But we are here to assist you in dealing with the relationship fallout following infidelity.
Source: “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, https://www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce/
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The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.