Adultery can be extremely difficult for married couples to overcome. Statistics show that nearly half of all marriages will be affected by adultery at some point, and about one third of all marriages end because of infidelity. This article explores the effect adultery can have on a divorce in Oklahoma.
Adultery
Adultery is defined by the law as voluntary sexual relations between an individual who is married and someone who is not the individual’s spouse. Adultery can be sufficient grounds for divorce in Oklahoma, and it may factor into determining spousal support and child custody.
The Distribution of Assets
Adultery rarely has any effect on the distribution of assets. Oklahoma is an equitable distribution state, which means the aim of the court in the divorce process is to divide the assets in a manner that is equitable. Since equitable distribution is the aim, adultery will not affect the distribution of assets, unless the offending spouse has used marital assets to support the extramarital affair.
Child Support, Child Custody and Spousal Support
Adultery will have no effect on child support; and it is also unlikely that adultery will have any effect on child custody, unless the affair occurred in the presence of the children, or if the nature of the affair somehow jeopardized the child’s well being.
On the other hand, adultery may affect a divorce in Oklahoma because it can seriously decrease the amount of alimony a spouse is awarded or eliminate entirely any obligation to pay alimony. Even after a divorce in Oklahoma, alimony may be terminated if a spouse then begins to live with the person with whom he or she had the affair.
Negotiating a Settlement
The biggest effect adultery can have on a divorce in Oklahoma is in negotiating a settlement. Feelings of guilt, rage and vengeance are often brought to the negotiation table after an extramarital affair has been discovered, which can seriously impede a couple’s ability to reach an equitable settlement. In the face of adultery, it can be extremely difficult for individuals to keep their emotions in check and make wise choices. In these cases, it is helpful to have an experienced divorce attorney by your side, who can ensure that you look to the best interests of your family.
Summary
To summarize, while adultery will not affect how assets are distributed in a divorce in Oklahoma, it can be a factor in determining alimony and child custody. Additionally, adultery often increases the stress of negotiations, which makes it more difficult to come to an equitable divorce settlement with your spouse.
Low-cost Consultation: Okmulgee Divorce Attorney
If adultery is a factor in your divorce, the Wirth Law Office – Okmulgee may be your best ally inside the courtroom. If you’d like a confidential, no cost consultation with an Okmulgee family law attorney, call (918) 756-9600 or toll-free (888) Wirth-Law now for a initial strategy session with an Okmulgee Oklahoma lawyer at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will email or call you..
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