Shattered Truth

Arizona divorce law can punish adulterers new

Phoenix – Last week, the media reported that conservative state legislators West Virginia were pushing new legislation to deny spousal support for divorcing spouses who had committed infidelity. Now, law Arizona Family has jumped on the bandwagon too.

Republican State Sen. Linda Gray wants to cheat and adultery to qualify as "misconduct" in a divorce. SB1206 The proposed legislation, if passed, would allow evidence of "misconduct" that could potentiallyaffect issues such as division of property, alimony, and spousalsupport (known in the state as the maintenance of the spouse "). The law would not stop the judges of the award divorce in any way, provided that the marriage is considered "irretrievably broken."

Has not yet set a date for a hearing on proposed legal change.

Senator Gray also believes that domestic violence, verbal abuse, neglect and financial irresponsibility (as the game assets away or spend money on one extramarital partner, for example) should also count as one absence. However, the Arizona Divorce Act did not consider infidelity as a factor in the outcome of divorce since 1970.

Sometimes in a relationship, "said Gray, representing Glendale County, Arizona, in the East Valley Tribune, "people really have good cause as to why getting a divorce. If there was abuse, why not to let the judge know that? "

The legislation was created in part by Cathi Herrod, president of the Center for Arizona Policy, an organization conservative
This promotes views pro-family. Herrod told the Tribune that its proposed change "would allow the judge to tell the party that wanted a divorce," You take the business and debt, [and] a party who did not want the divorce and still have a child at home, "You get the house free and clear, and restart his life. '"
However, not everyone thinks the law will be applied for any benefits for divorcing couples, and some believe that may cause more harm than good.
"You're really inviting the parties to start raising that was the first adventure and all these other issues. It's really is to extend the litigation, "said Judge Colleen McNally, who serves Maricopa County Superior Court, the same newspaper. He added that such allegations infidelity and deception in the court "actually has a negative effect on children." The Arizona Legislature divorce makes parents go to special classes help spread the conflict and focus on the needs of children, but gray and legislation would be detrimental Herrod these positive efforts, "All focus of this class is [to help] understand that something went wrong in his personal life, but you have these children. Let go. Focus on [them]. "

Legislation is not fully defined "misconduct." Despite the reports, Herrod ordered that involve adultery and spousal abuse, the judge questioned the vague language McNally, telling the East Valley Tribune that could very well say, "Who does not pick up your socks?"

Arizona law family at present no guarantees the maintenance of the spouse, spousal support usually goes to the ex-spouses who have no means of subsistence, or who supported their former boyfriends in school, in marriage. In general, the law of Arizona divorce equitably divide property between divorcing spouses, without regard to marital misconduct.

About the Author

Jeff Cotrill is the staff writer of Divorce Magazine and www.DivorceMagazine.com which
offers information on Arizona
divorce lawyers , Arizona divorce law and Arizona family law.