Infidelity, a common catalyst for the dissolution of marriages, holds significant weight in Oklahoma divorces. Adultery is considered a marital fault under Oklahoma law and can potentially influence the outcomes of a divorce. If you find yourself facing a divorce in which one spouse has been unfaithful, it is important to consider several factors before proceeding.
Understanding the Grounds for Divorce
Oklahoma recognizes two types of grounds for divorce: fault-based and no-fault. Marriages can be dissolved due to fault grounds such as adultery, abandonment, cruelty, or imprisonment. Conversely, no-fault grounds only require the marriage to be irretrievably broken with no possibility of reconciliation.
In cases involving infidelity, the spouse who engaged in the extramarital affair may be held responsible for the breakdown of the marriage, allowing the innocent spouse to pursue a fault-based divorce. Consequently, the unfaithful spouse might face disadvantages when it comes to matters such as property division, spousal support, and child custody.
The Impact on Property Division
Oklahoma follows the equitable distribution principle, where marital property is divided fairly, though not necessarily equally. In instances of infidelity, the court may take into account the circumstances surrounding the adultery when distributing assets and debts.
For instance, if the unfaithful spouse utilized marital funds for the affair, the court might deem it as a dissipation of marital assets, leading to a reduction in their share of the property division. Conversely, if the faithful spouse can demonstrate greater financial or non-financial contributions to the marriage, they may be awarded a more substantial portion of the marital property.
Spousal Support Considerations
Spousal support, commonly known as alimony, refers to payments made by one ex-spouse to the other to enable them to maintain their standard of living post-divorce. In Oklahoma, the court evaluates various factors to determine whether or not to award spousal support and the amount to be allocated. These factors include the duration of the marriage, each spouse’s financial resources, and their earning capacity.
When deciding on spousal support, the court may also consider the circumstances surrounding the infidelity. If it is found that the unfaithful spouse’s actions contributed to the deterioration of the marriage, they may be less likely to receive spousal support or be awarded a reduced amount.
Impact on Child Custody
Child custody decisions prioritize the best interests of the child. In Oklahoma, the court takes multiple factors into consideration, such as the parents’ ability to meet the child’s physical and emotional needs, their relationship with the child, and their ability to co-parent effectively.
While infidelity may not directly impact the court’s custody determination, it can be taken into account as part of the overall assessment of each parent’s character and their ability to provide a stable home environment. For instance, if the unfaithful spouse’s behavior caused disruptions in the family’s routine or emotional distress for the child, the court may take this into consideration when making a custody decision.
Conclusion
Navigating a divorce involving infidelity poses both emotional and legal challenges. If you are contemplating a divorce wherein one spouse has been unfaithful, it is crucial to seek legal guidance to understand your rights and options fully.
Nevertheless, it is important to remember that while infidelity may impact various aspects of a divorce, the court’s ultimate priority remains the best interests of all parties involved, including any children. By enlisting the expertise of a seasoned divorce attorney, you can ensure that your rights are safeguarded, and a fair and balanced resolution is achieved.