Arizona infidelity laws – why bother wasting ink?

It is always sad for me to read stories of infidelity and family destruction. I really believe if two people came together in good faith, and found love, then they can build on their skills and grow! The reality is that most people have a “story” as to why they can’t communication or change, so they opt for the most destructive ending of a relationship – an affair.

Old school law makers must have been somewhat wiser, as they took into account the effect of the destruction of the family unit. You will notice that most states in the USA have laws against infidelity. Traditionally, these states advanced three goals in support of their adultery laws:

1. the prevention of disease and illegitimate children;
2. the preservation of the institution of marriage;
3. safeguarding of general community morals.

Over the next few months, I am working in the fine state of Arizona. As a researcher and clinical psychologist in the area of infidelity, I am interested in each states adultery laws, and the various resources provided to communities.

In Arizona, the law on adultery seams clear as day to me:

13-1408.  Adultery; classification; punishment; limitation on prosecution A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished. B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.

So is the law saying, if a married person commits adultery, the betrayed spouse can prosecute BOTH the infidel & the lover? I think so.

Mesa divorce attorney Timothy Durkin has successfully defended many Arizona families and their interests and says the cheating spouse may be found guilty of a Class 3 misdemeanor.

So, what is a class 3 misdemeanor?

Class 3 misdemeanors are the least severe class and the maximum penalty is up to 30 days in jail, up to $500 in fines, and up to 1 year of probation.

However if you try and find a case in any Arizona court, you will come up with very little.

That is because there’s a catch. This “crime” is not currently being enforced.  Arizona is a “no-fault” divorce state, meaning that neither spouse has to prove blame or responsibility to end the marriage. Adultery doesn’t necessarily mean anything in a divorce legal case because of Arizona’s no-fault status. On top of that, there aren’t many cops out there that would arrest a cheating spouse. State-level adultery provisions are rarely, if ever, enforced.

Why do they stay a statute then? “Unenforced laws also stay in existence due to the efforts of social-conservative activist groups and legislators,” says Durkin.

Dave Banks said his wife started cheating on him more than 10 years ago. He found the Arizona law and took it to the detective on the case, who then gave him a piece of advice: “It’s about time she got on with her life and you get on with yours.”

Read Article “Cheating Arizona Wife….”

Maybe all the judges and lawyers are too busy dealing with the large number of divorce cases. Definitely it is a more profitable business model for the lawyers, but what a huge financial impact the disregard of law 13-1408 has on our society as a whole.

“If they used it all the time, maybe women or men would think twice about going and jumping in the sack and throwing away their marriage,” said Mr Banks.

As a quick fix society, we have to be extremely mindful of how we demonstrate family values: for example commitment, communication, community, loyalty, etc, and how laws were originally created to preserve these values.

By not enforcing the adultery laws, not only do we have the immediate issues of the couples pain/divorce/fallout, but longer term issues with adults and then adult children. Sadly, children of cheating parents are more likely to also cheat and/or, and have multiple marriages.

My goal is always for the best mental health interests of all parties concerned. While I do not believe jail time will solve the issue (this would cost society/tax payers even more money), I do believe cheating spouses must take classes on the impact of their actions ( short term and long term effect on kids; impact of blended families; single mother families; mental health issues – abandonment; anxiety; depression; attachment; personality disorders; mood disorders); pregnancy rates (teen daughters); crime rates (teen sons) etc. As cheating spouses are extremely selfish, the consumption of their time on activities in which they have no interest would be torture (Of course I would write the 3 year curriculum for offenders – my pleasure!)

I would also suggest they attend compulsory victim impact counseling with the betrayed spouse, to ensure the betrayed spouse has complete closure on the relationship (so they can move forward.)

I also believe their should be 100% NO changes to the family home of the betrayed spouse – regardless of if they have children. For example, should a woman now in her 50s or 60s who raised her family, now be left without a home and without any means to support herself (her skills are not commercial), because her husband cheated with a younger woman? Of course she shouldn’t. Yet if the husband hid the assets for years, and shows a low personal income statement, from his business, which strangely has made less money in recent years yet has twice as many customers – the wife could find herself unable to buy a really good lawyer. I can be cynical, as I see this all the time. 

There are many other great ideas, so I would enjoy your opinions.

Best,

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Source:

http://www.jacksonwhitelaw.com/arizona-family-law/2013/11/20/is-adultery-illegal-in-arizona/