In the state of Oklahoma, divorce can be filed by either party without the need to prove fault – it is a no-fault divorce state. However, it is essential to recognize that adultery can still have significant consequences in a divorce case, impacting spousal support, property division, and even child custody arrangements. This article aims to explore the far-reaching repercussions of adultery in a divorce case specifically within Oklahoma.
Understanding Adultery in Oklahoma
Adultery, as defined by Oklahoma law, refers to "voluntary sexual intercourse between a married person and another individual who is not their spouse." While adultery is considered illegal in Oklahoma, it is rarely prosecuted as a criminal offense. Nevertheless, it can carry legal implications when it comes to divorce proceedings.
The Impact on Property Division
Oklahoma follows an equitable distribution model for dividing marital property. This means that assets are divided fairly and justly, although not necessarily in an equal manner. While adultery doesn’t directly influence property division, it can still be a factor in this process. If one spouse has committed adultery, the court may regard the adulterous actions as a squandering of marital assets.
For instance, if a spouse uses joint funds for an extramarital affair, the other spouse might be entitled to a larger portion of the remaining assets. Additionally, any assets obtained by the adulterous spouse during the affair, such as a new car or property, may be considered separate property and exempt from distribution in the final divorce settlement.
Alimony Considerations
Alimony, also referred to as spousal support, involves one spouse providing financial assistance to the other after divorce to help maintain their standard of living. Adultery can affect the award of alimony in Oklahoma divorce cases. If the court determines that the adultery caused the breakdown of the marriage, the adulterous spouse may be ordered to pay a higher amount of alimony or may not receive alimony at all.
Furthermore, if the non-adulterous spouse can demonstrate that they would have obtained a higher-paying job had they not assumed the role of a homemaker during the marriage, the court may take this into account when determining the alimony amount.
Impact on Child Custody
Child custody decisions revolve around the best interests of the child. If one parent has engaged in adultery, it does not necessarily disqualify them from obtaining custody or visitation rights. However, the court may consider the adultery as a factor when making custody determinations.
If the adultery has caused emotional harm to the child or if the adulterous spouse has a history of neglect or abuse, the court may grant custody to the non-adulterous spouse. Similarly, if the child has been exposed to the adulterous behavior, such as witnessing inappropriate conduct with the other party, it could significantly influence the decision-making process.
In Conclusion
To summarize, although adultery does not have a direct impact on the divorce process in Oklahoma, it can carry potential legal consequences. Property division, alimony, and child custody arrangements can all be affected if one spouse engages in adultery. If you or someone you know is going through a divorce and adultery may be a factor, it is crucial to seek guidance from an experienced divorce attorney who can provide insight into your rights and options within the settlement process.