Arizona Divorce Laws May Address Spousal "Misconduct"
Posted on Feb 16, 2010 10:27am PST
The state of Arizona is looking to pass new legislation that would force judges to address marital misconduct, like infidelity, during divorce proceedings. For over three decades, marital misconduct has not been relevant to divorce cases in Arizona, but that may all change in upcoming months.
The new legislation is being pushed by Senator Linda Gray and it would allow either spouse involved in divorce proceedings to introduce evidence of "misconduct" by the other spouse. For example, if a spouse cheated, the other spouse can introduce the infidelity as "misconduct".
The legislation would change SB 1206 and would not affect whether a judge would grant a divorce. Instead, the only grounds for the court making the divorce decision would be that the marriage is "irretrievably broken". Even though the new legislation would not impact the divorce, it would impact important divorce related issues like spousal support, child support, child custody and distribution of marital property. In the past, marital misconduct would not impact decisions related to the aforementioned issues, but the new law would force judges to take alleged misconduct into consideration when making court orders.
If the legislation passes, evidence that is currently considered irrelevant to divorce proceedings will not be considered relevant.
According to Senator Gray, "Sometimes in a relationship, people really have a good cause on why they are getting divorced." She also said that, "If there has been abuse, why not let the judge know that?"
Senator Gray feels that judges presiding over divorce proceedings should be asked to consider instances where spouses have gambled away income or spent money on boyfriends or girlfriends. Additionally, judges would be asked to consider which spouse wants to exit the marriage and which spouse wants to stay in the marriage.
At this time, no hearing date has been set for the new legislation, but many feel that it will provide equal and just terms in divorce cases involving spousal misconduct or mistreatment.
If you are going through a
divorce in
Arizona, click here to find a
family lawyer that can help!