What is marital misconduct?

Marital misconduct is any behavior of one spouse that is considered inappropriate or harmful to their partner or marriage and can be a deciding factor in a divorce. In Arizona, marital misconduct is taken into consideration during the divorce process. Examples of marital misconduct include physical or emotional abuse, neglect, adultery, desertion, financial irresponsibility, and other behaviors that are considered destructive to the marriage. In Arizona divorces, if one spouse can prove that the other has committed marital misconduct, they may be awarded greater control of marital assets and liabilities, or an increased amount of alimony or spousal maintenance. Marital misconduct can also be taken into account when deciding child custody and visitation rights. Finally, a court may also grant an at-fault divorce if one party can prove that the other spouse committed acts of marital misconduct. Marital misconduct is a serious issue in Arizona divorce law, and it is important to be aware of the implications of such behaviors on a divorce. It is important for marrying couples to understand the legal ramifications of misconduct before entering marriage and if a situation arises, to seek help from a qualified family law attorney.

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