PHEONIX -- Last week, the media reported that conservative statelawmakers in West Virginia were pushing new legislation to deny spousalsupport to divorcing spouses who'd committed infidelity. Now, has jumped on the bandwagon too



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Republican state senator Linda Gray wants cheating and adultery toqualify as "misconduct" in a divorce. The proposed legislationSB1206,if passed, would allow evidence of "misconduct" that couldpotentiallyaffect issues such as property division, child support, andspousalsupport (known in the state as "spousal maintenance"). The lawwouldn't stop judges from granting divorces in any way, as long as themarriages are considered "irretrievably broken".

There has been no date set yet for a hearing on the proposed legal change.

Senator Gray also feels that domestic violence, verbalabuse,abandonment, and financial irresponsibility (such as gamblingaway assets or spending money on an extramarital partner, for example)should count as misconduct as well. However, has not considered infidelity as a factor in divorce outcomes since the 1970s.

Sometimes in a relationship," Gray, who represents Glendale County, AZ,said to the East Valley Tribune, "people really have a good cause onwhy they are getting divorced. If there has been abuse, why not letthe judge know that?"

The legislation was created in part by Cathi Herrod, the president ofthe Center for Arizona Policy, a conservative organization

That promotes pro-family views. Herrod told the Tribune that herproposed change "would enable the judge to say to the party who wantedthe divorce, 'You take the business and the debt,' [and to] the partywho didn't want the divorce and still has a child at home, 'You get thehouse free and clear and you restart your life.'"

However, not everybody thinks the requested legislation will be of anybenefit to divorcing couples, and some feel it may cause more harm thangood.

"You're really inviting the parties to start bringing up who had theaffair first and all these other issues. It's really going to expandthe litigation," Judge Colleen McNally, who serves Maricopa CountySuperior Court, told the same paper. She added that suchfinger-pointing about infidelity and cheating in court "really has anegative effect on the kids." The Arizona Legislature makes divorcingparents go to special classes to help them diffuse conflict and focuson the children's needs, but Gray's and Herrod's legislation woulddetract from these positive efforts: "The whole focus of that classis[to help you] understand that something went wrong in your personallife, but you've got these kids. Let that go. Focus on [them]."

The legislation does not fully define "misconduct". Although Herrodreportedly intended it to imply adultery and spousal abuse, JudgeMcNally questioned the vague language, saying to the East ValleyTribune that it could very well mean, "'Who didn't pick up theirsocks?'"

Arizona family law currently doesn't guarantee spousal maintenance;spousal support usually goes to ex-spouses who have no means to supportthemselves, or who supported their exes through school, in longermarriages. In general, Arizona divorce law divides property equitablybetween divorcing spouses, with no consideration for marital misconduct.