The consequences for adultery in divorce will be based on several factors. Adultery, often defined as voluntary sexual relations between a married person and someone other than their spouse, can have significant consequences in a divorce case. While Oklahoma uses no-fault divorce laws, where neither party has to prove fault, adultery can still impact key aspects of a divorce, including property division, alimony, and child custody. Understanding how the law treats adultery is crucial if it plays a role in your divorce proceedings.
How Adultery Impacts Divorce
The effects of adultery on a divorce case vary depending on the state’s laws and the circumstances of the case. Below are the primary areas where adultery may have consequences:
1. Grounds for Divorce
In fault-based divorce states, adultery is often one of the legal grounds for divorce. The spouse alleging adultery must prove that it occurred, typically through evidence such as text messages, emails, photos, or eyewitness testimony. In no-fault divorce states, adultery does not need to be proven to get a divorce, though it may influence some aspects of the case.
2. Property Division
In states that follow equitable distribution laws (including Oklahoma), marital property is divided fairly but not necessarily equally. While courts generally do not punish spouses for adultery when dividing assets, there are exceptions:
- Dissipation of Assets: If the cheating spouse used marital funds to finance the affair (gifts, trips, etc.), the court may compensate the other spouse by awarding them a larger share of the marital assets.
- Emotional Impact: Though rare, courts may consider the emotional toll of adultery on the wronged spouse when dividing property.
3. Alimony (Spousal Support)
Adultery can have a significant impact on alimony awards, depending on the circumstances and state laws. In some cases, a cheating spouse may be denied alimony or receive reduced support, especially if their misconduct caused the breakdown of the marriage. Conversely, if the adultery caused significant financial or emotional hardship for the other spouse, the court may increase their alimony award.
4. Child Custody and Visitation
Courts prioritize the best interests of the child when determining custody and visitation. Adultery, on its own, is unlikely to affect custody decisions unless it directly impacts the child’s well-being. If the affair exposed the child to harmful situations, such as neglect or inappropriate behavior, it could influence custody arrangements. Adultery may be viewed as evidence of poor judgment, potentially impacting custody decisions if it raises concerns about the parent’s ability to provide a stable environment.
Adultery’s Emotional and Social Consequences
Beyond legal implications, adultery often carries significant emotional and social consequences for both parties. Adultery can intensify tensions during divorce, making negotiations more contentious. In some cases, the affair may damage reputations, particularly in small communities or professional settings. Seeking counseling or support can help individuals navigate the emotional toll of adultery during a divorce.
Tulsa Divorce Attorneys
Adultery can have far-reaching consequences in a divorce, affecting property division, alimony, and potentially child custody. While courts in no-fault divorce states may downplay its significance, adultery remains a critical factor in many cases, particularly when it involves financial misconduct or impacts the child’s welfare. If adultery is a factor in your divorce, contact us at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or online.