How Adultery Affects Divorce in Oklahoma

How Adultery Affects Divorce in Oklahoma.

Divorce can be a challenging and emotional process, and when adultery is involved, it can make things even more complicated. In Oklahoma, like in many states, adultery can impact the outcome of a divorce in several ways, including spousal support, property division, and child custody. Understanding how adultery affects divorce in Oklahoma can help you navigate these issues more clearly. If you’re facing this situation, knowing your rights is crucial. Here’s an explanation of what happens when adultery enters the equation during divorce proceedings.

Is Adultery a Ground for Divorce in Oklahoma?

Yes, adultery is considered a ground for divorce in Oklahoma. The state allows for both "no-fault" and "fault-based" divorces, and adultery is one of the recognized fault-based grounds. In a no-fault divorce, a couple cites irreconcilable differences as the reason for the split. However, if adultery is involved, the spouse who was cheated on may choose to file for a fault-based divorce, citing adultery as the reason.

When filing for divorce based on adultery, the accusing spouse must provide evidence to support their claim. While it might not always be easy to prove adultery, doing so can impact other aspects of the divorce, such as alimony or property division.

How Does Adultery Affect Spousal Support in Oklahoma?

Spousal support (also known as alimony) is one area where adultery might come into play. Oklahoma courts generally award alimony based on factors like the length of the marriage, each spouse's financial needs, and their ability to support themselves after the divorce.

But does adultery affect divorce in terms of spousal support? It can. If the spouse who committed adultery caused financial harm to the marriage (such as spending marital assets on their extramarital affair), this could influence the court's decision regarding alimony. Additionally, if the spouse who was cheated on is financially disadvantaged, the court may award higher spousal support to compensate for the emotional and financial impact of the adultery. That said, adultery alone doesn't guarantee alimony for the wronged spouse.

Can Adultery Impact Property Division?

Oklahoma is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. This raises an important question: How does adultery affect divorce when it comes to property division? Generally, the courts won’t punish one spouse for adultery by giving the other spouse a larger share of the marital property. However, if adultery led to a significant depletion of marital assets — for instance, if a spouse spent large amounts of money on their affair — the court may consider that when dividing property.

For example, if one spouse used marital funds for expensive gifts or trips with their lover, the court might adjust the property division to account for those lost assets. However, outside of these scenarios, adultery usually doesn’t have a significant impact on how the court splits up property between the spouses.

Does Adultery Affect Child Custody in Oklahoma?

When children are involved in a divorce, their well-being is the court’s top priority. Many people wonder, does adultery affect divorce in terms of child custody? The short answer is not directly. Oklahoma courts make child custody decisions based on the best interests of the child, and a parent’s infidelity generally doesn’t impact their ability to parent unless it has affected the children’s welfare in some way.

For example, if the adulterous behavior exposed the children to an inappropriate or dangerous situation, it might influence the court’s custody decision. However, in most cases, the court won’t penalize a parent for adultery when determining child custody, as long as the parent continues to fulfill their parental duties.

What Evidence Do You Need to Prove Adultery?

If you plan to file for a fault-based divorce on the grounds of adultery, you’ll need to provide evidence to support your claim. But what does that look like? Proving adultery in divorce can be challenging, as it often occurs in secret. However, common forms of evidence can include text messages, emails, photos, or witness testimony from someone who saw the adulterous behavior.

It’s essential to gather strong evidence if you plan to use adultery as a reason for divorce.
Keep in mind that proving adultery may also come with added legal costs, such as hiring a private investigator. It’s important to weigh the potential benefits of citing adultery against the time and expense it may take to prove it.

How Does Adultery Affect the Emotional Aspect of Divorce?

While the legal impact of adultery on a divorce is one thing, the emotional toll is another. Divorce is already an upsetting and sensitive process, and finding out about infidelity can make it even more painful. The emotional aftermath of adultery may lead to a more contentious divorce, with both parties struggling to reach an agreement on issues like spousal support and property division.

If you’re going through a divorce involving adultery, it’s important to take care of your emotional well-being. Lean on your support system (including friends, family, or a therapist) to help you process your feelings. Working with a skilled family law attorney who understands the complexities of adultery in divorce can also make the process smoother and ensure your rights are protected.

Should You File for a No-Fault or Fault-Based Divorce?

In Oklahoma, you have the option to file for either a no-fault or fault-based divorce. If adultery has occurred, you may feel tempted to file for a fault-based divorce, but it’s essential to weigh the pros and cons. Filing for a fault-based divorce requires proving that adultery occurred, which can be time-consuming and emotionally taxing.

On the other hand, filing for a no-fault divorce doesn’t require proof of infidelity and may lead to a quicker, less stressful process. However, if adultery had a significant financial impact on your marriage, or if you feel strongly about citing it as a reason for the divorce, a fault-based divorce may be the better option for you.

How Can You Protect Your Rights During a Divorce Involving Adultery?

Going through a divorce is difficult, especially when adultery is involved. Whether you are the spouse who was cheated on or the spouse who committed adultery, it’s essential to protect your rights throughout the divorce process. Working with an experienced attorney can help you understand how adultery affects divorce in Oklahoma and ensure you’re treated fairly in court.

Your attorney can guide you on whether it’s worth pursuing a fault-based divorce, how to gather evidence if you choose to do so, and how adultery might affect issues like spousal support, property division, and child custody. Having strong legal representation is key to getting the best outcome in your divorce case.

Schedule Your Consultation with Titus Hillis Today

If you’re facing a divorce involving adultery, you don’t have to go through it alone. At Titus Hillis Reynolds Love, we have extensive experience helping clients navigate complex divorce cases, including those involving adultery. Our dedicated legal team is here to protect your rights and provide the guidance you need during this difficult time. Schedule a consultation with our law firm today to discuss your case and learn how we can help you achieve the best possible outcome

Categories: Articles, Family Law