Adultery affecting divorce settlements in a negative way will vary by state. In Oklahoma, where divorce laws are governed by the Oklahoma Statutes, adultery can play a role in certain aspects of the divorce process, particularly when it comes to property division, alimony, and child custody. However, Oklahoma is a no-fault divorce state, meaning a spouse does not need to prove wrongdoing to obtain a divorce. Here we will go over what can happen in these instances.
Does Adultery Affect Grounds for Divorce in Oklahoma?
Yes, adultery is one of the grounds for divorce recognized by Oklahoma law. According to the Oklahoma Statutes, a spouse may file for divorce on fault-based grounds, including adultery. However, most divorces in Oklahoma are filed on no-fault grounds, citing incompatibility or irreconcilable differences.
Choosing to file on fault-based grounds, such as adultery, may have limited practical benefits. It can make the divorce process more contentious and require evidence of the affair, which could lengthen proceedings. Therefore, many spouses choose to file on no-fault grounds even if adultery occurred.
How Does Adultery Impact Property Division?
In Oklahoma, courts divide marital property under the principle of equitable distribution, meaning that property division is fair but not necessarily equal. The court considers several factors when determining how to divide property, including:
- The contributions of each spouse to the marriage
- The financial needs and circumstances of each spouse
- Any dissipation (wasting) of marital assets
While adultery itself does not automatically affect property division, it can come into play if the adulterous spouse used marital assets to fund the affair. For example, if a spouse spent significant marital funds on gifts, vacations, or housing for a lover, the court may consider this dissipation of assets and adjust the property settlement accordingly to compensate the non-adulterous spouse.
How Does Adultery Affect Alimony in Oklahoma?
Adultery can have a more direct impact on alimony (spousal support) awards in Oklahoma. The court considers several factors when awarding alimony, including:
- The financial need of the requesting spouse
- The ability of the other spouse to pay
- The length of the marriage
- The standard of living established during the marriage
- The conduct of the parties during the marriage
Although Oklahoma courts do not automatically reduce or increase alimony based on adultery, marital misconduct can influence alimony decisions. If the court finds that the adultery caused a significant breakdown of the marriage or created financial hardship for the non-adulterous spouse, it may adjust alimony awards accordingly.
How Does Adultery Affect Child Custody and Support?
In Oklahoma, child custody decisions are based on the best interests of the child, focusing on providing a stable and positive environment. Adultery, in and of itself, does not typically affect child custody unless it directly impacts the child’s well-being.
For example:
- If the adulterous relationship exposed the child to inappropriate behavior or unsafe environments, the court may take that into consideration when determining custody arrangements.
- If the adultery led to neglect of parental responsibilities, the court may adjust custody or visitation rights.
When it comes to child support, adultery has no impact on the calculation. Oklahoma determines child support based on the income shares model, which considers the incomes of both parents and the needs of the child.
How Do You Prove Adultery in an Oklahoma Divorce?
If a spouse files for divorce on the grounds of adultery, they must provide evidence to support the claim. Proving adultery can be challenging, as direct evidence of an affair is often difficult to obtain. However, the following types of evidence may be used:
- Text messages, emails, or social media posts indicating an affair
- Photographs or videos showing the spouse with a lover
- Witness testimony from friends, family, or private investigators
- Financial records showing marital funds spent on the affair
It’s important to work with a divorce attorney to present evidence in a way that is admissible in court.
Can Adultery Affect Settlement Negotiations?
Even if adultery does not have a significant impact on the legal aspects of a divorce, there’s a possibility of it affecting divorce settlements and negotiations. The emotional impact of an affair can create tension between spouses, which may make it more difficult to reach an amicable settlement.
In some cases, the non-adulterous spouse may be more inclined to push for a larger share of marital assets or higher alimony payments during negotiations as a way to compensate for the betrayal.
If a couple has a prenuptial or postnuptial agreement that includes a clause addressing adultery, it may directly impact the divorce settlement. These agreements can specify financial penalties or adjustments to alimony or property division if one spouse commits adultery.
However, courts in Oklahoma will only enforce prenuptial or postnuptial agreements that are fair and do not violate public policy. If an adultery clause is unreasonable or punitive, the court may choose not to enforce it.
Tulsa Family Law Attorneys
Adultery affecting divorce settlements in Oklahoma is possible, particularly in areas such as property division, alimony, and child custody. However, its impact depends on the specific circumstances of the case. While adultery is recognized as a valid ground for divorce, most divorces in Oklahoma are filed on no-fault grounds to avoid prolonged litigation.
If adultery is a factor in your divorce, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.