When a spouse commits adultery, it’s natural for the other to feel betrayed. It’s unsurprising, therefore, that about one-third of all marriages in the US end in divorce due to infidelity. Many family law attorneys in Oklahoma are asked about how adultery impacts a divorce.
In this article, we will explain what you need to know about adultery and how it relates to divorce in Oklahoma.
How Adultery Impacts a Divorce Case in Oklahoma
First, it’s important to note that adultery in Oklahoma is legally considered grounds for divorce. Okla. Stat. tit. 43 § 101
Therefore, if you are seeking a divorce and can prove your spouse was unfaithful, you can cite this in your petition to the judge to grant you a fault divorce. However, even if you have every right to feel betrayed and want to take some vengeance, this may not be the best option.
A charge of adultery in Oklahoma will result in a trial. That will be time-consuming, costly, and emotionally draining. In addition, there are few advantages to claiming it: it won’t affect the distribution of assets, nor will it impact any child support or child custody arrangements.
Fault vs. No-Fault
When you allege adultery as your reason for seeking the divorce, that’s considered a ground for a “fault” divorce. Any grounds of fault must be proven in a trial – which can be lengthy, expensive, and emotionally fraught.
By contrast, if you claim incompatibility as your reason for the divorce, you are not required to prove anything. As a result, the divorce process is quicker and less expensive.
When Is It Advantageous to Claim Adultery?
When it comes to divorce proceedings, generally claiming adultery in Oklahoma is not the best option: it leads to a long and costly trial and doesn’t yield many benefits in return.
However, in some limited circumstances, an at-fault divorce granted on grounds of adultery can lead to higher alimony payouts. This typically happens if the adultery can be proven to have resulted in emotional harm to the other spouse.
An Oklahoma City divorce lawyer can help you figure out whether or not alleging infidelity is the best course of action in your divorce case.
Is Adultery a Crime in Oklahoma?
Technically, yes. One of the early statutes Oklahoma passed after attaining statehood in 1910 was a law making adultery a felony, bringing with it a potential prison term of up to 5 years and a fine of up to $500.
However, this law hasn’t been enforced for decades. Any attempt to enforce it would likely lead to it getting struck down on by the courts.
Low-cost Consultation with an Oklahoma City Divorce Attorney
Divorces are emotionally fraught. Sometimes it can be difficult to know what the right decision is when so many emotions are swirling inside your head.
When so much is at stake, it’s in your best interest to have the best possible legal counsel. That means contracting a skilled and experienced Oklahoma City divorce attorney. We offer low-cost consultations at no cost to you. Learn how our divorce lawyers in Oklahoma can help minimize the stress you’re dealing with.
Call (405) 880-8222 today for a initial consultation with an experienced divorce lawyer in Oklahoma City. If you prefer e-mail, please use the “Ask the Lawyer” form on the right side of this page. Whichever method you prefer, an OKC divorce attorney will reach out to you shortly.