Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Arizona, adultery is considered a Class 3 misdemeanor under state law (Arizona Revised Statutes Section 13-1408). However, while it is technically a criminal offense, in practice, charges are rarely, if ever, pursued or prosecuted. In terms of family law and divorce proceedings, Arizona is a no-fault divorce state. This means that the court does not consider marital misconduct, such as adultery, when granting a divorce. The no-fault approach focuses on the irretrievable breakdown of the marriage as the basis for divorce, rather than assigning blame to either party. Consequently, adultery does not typically affect the division of assets or the determination of spousal maintenance in Arizona divorce cases.