| PHEONIX -- Last week, the media reported that | | | | 'You take the business and the debt,' [and to] the |
| conservative state lawmakers in West Virginia were | | | | party who didn't want the divorce and still has a child |
| pushing new legislation to deny spousal support to | | | | at home, 'You get the house free and clear and you |
| divorcing spouses who'd committed infidelity. Now, | | | | restart your life.'" |
| Arizona Family Law has jumped on the bandwagon | | | | However, not everybody thinks the requested |
| too. | | | | legislation will be of any benefit to divorcing couples, |
| Republican state senator Linda Gray wants cheating | | | | and some feel it may cause more harm than good. |
| and adultery to qualify as "misconduct" in a divorce. | | | | "You're really inviting the parties to start bringing up |
| The proposed legislation SB1206,if passed, would | | | | who had the affair first and all these other issues. It's |
| allow evidence of "misconduct" that could | | | | really going to expand the litigation," Judge Colleen |
| potentiallyaffect issues such as property division, child | | | | McNally, who serves Maricopa County Superior Court, |
| support, and spousalsupport (known in the state as | | | | told the same paper. She added that such |
| "spousal maintenance"). The law wouldn't stop judges | | | | finger-pointing about infidelity and cheating in court |
| from granting divorces in any way, as long as the | | | | "really has a negative effect on the kids." The |
| marriages are considered "irretrievably broken". | | | | Arizona Legislature makes divorcing parents go to |
| There has been no date set yet for a hearing on the | | | | special classes to help them diffuse conflict and focus |
| proposed legal change. | | | | on the children's needs, but Gray's and Herrod's |
| Senator Gray also feels that domestic violence, | | | | legislation would detract from these positive efforts: |
| verbal abuse,abandonment, and financial irresponsibility | | | | "The whole focus of that class is[to help you] |
| (such as gambling away assets or spending money | | | | understand that something went wrong in your |
| on an extramarital partner, for example) should count | | | | personal life, but you've got these kids. Let that go. |
| as misconduct as well. However, Divorce Law Arizona | | | | Focus on [them]." |
| has not considered infidelity as a factor in divorce | | | | The legislation does not fully define "misconduct". |
| outcomes since the 1970s. | | | | Although Herrod reportedly intended it to imply |
| Sometimes in a relationship," Gray, who represents | | | | adultery and spousal abuse, Judge McNally questioned |
| Glendale County, AZ, said to the East Valley Tribune, | | | | the vague language, saying to the East Valley |
| "people really have a good cause on why they are | | | | Tribune that it could very well mean, "'Who didn't pick |
| getting divorced. If there has been abuse, why not | | | | up their socks?'" |
| let the judge know that?" | | | | Arizona family law currently doesn't guarantee |
| The legislation was created in part by Cathi Herrod, | | | | spousal maintenance; spousal support usually goes to |
| the president of the Center for Arizona Policy, a | | | | ex-spouses who have no means to support |
| conservative organization | | | | themselves, or who supported their exes through |
| That promotes pro-family views. Herrod told the | | | | school, in longer marriages. In general, Arizona divorce |
| Tribune that her proposed change "would enable the | | | | law divides property equitably between divorcing |
| judge to say to the party who wanted the divorce, | | | | spouses, with no consideration for marital misconduct. |