Legal Question in Family Law in Arizona

My wife and I are going to divorce because of her committing adultery and has moved from the house 5 months ago on her own. My question-. if she has never paid any form of money towards any bills (except her own) nor towards the payments for the house ,even tho she works ,nothing was paid ,other then being married , what entitles her to half of anything, when she did not pay anything or is she entitled to half

I will file on the grounds of adultery and I'm sure she will not appear but is she still awarded half?


Asked on 6/04/11, 11:44 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Arizona does not have "ground" for divorce other than "the marriage is irretrievably broken with no reasonable prospect of reconciliation." Her infidelity itself does not affect the distribution of assets. Because Arizona is a community property state, she is entitled to an equitable share of all assets and obligations accumulated during the marriage, regardless of whether she contributed financially to the marriage. I recommend you speak with an attorney in your area to discuss the details of your situation so you can get specific guidance regarding how to proceed.

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Answered on 6/05/11, 7:31 am


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