You can get a divorce in Oklahoma based on cheating. While Oklahoma grants no-fault divorces, it is one of the remaining states that also grant divorces based on fault, including adultery. Oklahoma law offers a list of grounds for divorce, which can significantly impact how marital assets are divided and custody issues are addressed.
Getting A Divorce In Oklahoma
Getting a divorce in Oklahoma can be based on the fact that the spouses no longer want to be married to each other. This is called “no-fault” divorce and is described as “incompatibility” in Oklahoma’s statute that lists the grounds for divorce. However, if minor children are involved, the law states that parents must participate in counseling before the divorce.
Grounds For Divorce In Oklahoma
Oklahoma law lists adultery as a reason for divorce, allowing a court to find fault with a spouse. Incompatibility, or no-fault, is also listed as a ground for divorce. After a divorce petition is filed in Oklahoma, the other spouse is allowed time to respond. The responding spouse, sometimes called a “respondent,” can also allege the same or different grounds for divorce. This promotes fairness in a divorce proceeding and entitles both spouses to relief.
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Effect of Adultery On Child Custody
In awarding custody of a minor child, Oklahoma courts consider what is in the best interests of the physical, mental, and moral welfare of the child. Courts consider whether the extramarital conduct negatively affected the physical, mental, or moral welfare.
No-fault Vs. At-fault Divorce
An at-fault divorce proceeding can be time-consuming, lengthy, expensive, and enormously stressful. The spouse who alleged adultery must provide proof. The responding spouse can also prove that adultery did not happen.
A no-fault divorce can be more cost-effective and less time-consuming. The spouses consent to the divorce using marital incompatibility as the legal ground or cause of the marriage ending. They can amicably settle marital issues such as spousal support, property division, and child custody.
Why Get A Divorce In Oklahoma Based On Cheating?
Mere evidence that a spouse was unfaithful may have little or no effect on a final Oklahoma divorce decree. Oklahoma bases any distribution of property on equitable principles rather than any type of fault.
However, you could receive a larger share of marital assets or alimony if marital assets were used for the affair. This is particular true in cases involving high asset divorce or when there is a marital business. This is also true if the affair caused the non-cheating spouse to incur emotional harm, creating a need for counseling and treatment.
Also, you may have a better chance of receiving full custody of the marriage’s minor children if you can prove that the affair negatively affected the child’s physical, mental, or moral welfare. For example, Perhaps the cheating spouse engaged in inappropriate conduct in the child’s presence.
Marital infidelity can cause one spouse to surrender a more significant share of marital property, even if the unfaithful spouse believes it is unfair. Negotiating a settlement in a divorce case can present unique challenges when one spouse is guilty of adultery.
Tulsa Divorce Lawyers Near You
Divorce is never easy but a divorce in Oklahoma based on cheating is even more difficult. Our family law attorneys understand the human side of divorce cases. The Tulsa attorneys at our law firm couple this understanding with decades of family law experience. At Kania Law Office, our divorce and child custody attorneys are dedicated to aggressively representing clients and asserting their rights in any family law matter. Get the legal edge that you deserve along with a free and confidential consultation . Call 918.743.2233 or visit us online.