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Discussion Starter #1
Well i got a lawyer, got the divorce in the process, because of this law she is agreeing to my terms.

Arizona Revised Statutes, ARS 13-1408 makes it a Class 3 misdemeanor to commit adultery.

She is agreeing to what she took is all she wants now, 50/50 joint custody and no support from either side. She does not want that law brought in to the divorce. Because dude can be charged with her hehe.

If she didn't agree the lawyer can really drag them thru the mud and they both would have a charge on there records.

My life is getting so much better now, made a couple of new friends, getting a lot done on my 36 acre homestead and have my son more then half the time every month.
 

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mean people suck
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Maybe she's just as ready to move on as you are and has taken the path of least resistance. Either way, good luck and healing to you:)
 

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mean people suck
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What about proof? What kind do you have to have to make an adultery charge stick?
 

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Discussion Starter #9
What if they don't know the other party is married? And even if they did know, it is the married person's responsibility.
here is the what Arizona law states:

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.
 

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mean people suck
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emails from him and her, she forgot about removing it from our computer before she moved out. She never changed her password.

Sounds iffy to me. I would think a much more solid proof would be required than emails that could easily be faked. My curiousity has gotten the better of me and I'm off to google it:)
 

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Discussion Starter #11
Sounds iffy to me. I would think a much more solid proof would be required than emails that could easily be faked. My curiousity has gotten the better of me and I'm off to google it:)
My attorney already said it will stand in court if i so want to pursue it. As long as she doesnt try to pull any punches i wont push it. I just want her out of my life, only want to deal with her over my son nothing more. plus there is a couple of people that his seen his car there over night that will make a statement as well, small town and people don't agree with what she is doing.
 

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mean people suck
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I am totally not taking up for her. The law part just caught my eye and peaked my curiousity. I found what I was looking for via google. Again, the best of luck to you as you move forward:)
 

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newfieannie
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he did say it was a small town Bill. probably everyone knows everyone else's business there. although I lived in a little hole in the wall and you wouldn't believe what was going on and I knew nothing about it. ~Georgia.
 

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What if the man dosent know that she is married??
I was moving into a small house in a small town (350 people) in Missouri and was having a horrible time wrestling a chest of drawers up a step. A fellow walking by stopped and helped me get it up the steps and then asked me out!

I thanked him for his help and told him I was REALLY flattered, but that I didn't date.

Couple weeks later I'm in the town cafe and he walks past the door and I mention something to the waitress about the fellow helping me.

Watiress tells me that's the most work he's done in the last 15 years, and if it wasn't for his wife supporting him, he'd have to get an actual job.

Oops! What a jerk!

Mon
 

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This I like, big time.
 
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mean people suck
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Having been in a situation with a cheating spouse, I know it sounds good but just because a law is on the books doesn't always mean it will be prosecuted. There are a lot of steps and money needed to even coming close to seeing a situation like this coming to fruition and even if it got to a penalty stage, it's a misdemeanour that carries a punishment of a fine and maybe up to 30 days in jail. Most judges will balk at setting that kind of precedent. Also, nearly every reference I could find stated that it was only allowable as a fault in a divorce proceeding if the couple had participated in a covenant marriage.
 
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The reason 'no fault' divorce came into existence in the first place was that back when finding fault was a requirement, parties were spending all their time and money trying to cough up the proof first of who was the responsible party, instead of getting on with the actual divorce. A lot of lawyers did well out of it.

Personally, I don't think assessing blame is the important thing. People make all kinds of mistakes, and I don't think the threat of a misdemeanor would deter too many unhappy people from straying if they were headed in that direction anyway.

Best to get on with your life, as you seem to be doing, AZHomesteader.
 
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