My Spouse Cheated. Does That Affect My Divorce?

Filing For Divorce Based On Cheating

The majority of divorces in Oklahoma are filed as no-fault divorces under the incompatibility ground for divorce. However, if your spouse has cheated during the marriage, you may file for divorce based on the Oklahoma fault-based ground of adultery. Adultery means that your spouse has engaged in consensual sex with someone other than you. So, if your spouse has cheated, then their adultery may affect some areas of your divorce, depending on the exact circumstances.

Distribution Of Assets

Oklahoma is an equitable distribution state, meaning that the court is focused on dividing assets fairly between you and your spouse. Adultery does not normally affect the equitable distribution of marital assets. However, if a marital asset was used to support the extramarital affair, the judge may consider the adultery in the distribution of said asset. For example, if your spouse paid for hotel rooms for the affair using marital funds, this may affect how a judge decides the remaining marital funds should be distributed.

Spousal Support

Adultery may affect spousal support in Oklahoma in some limited cases. One factor that a judge may consider when awarding spousal support is marital misconduct. For example, if the marital misconduct of adultery resulted in damage to your emotional health, the judge could potentially award more in spousal support.

Child Custody and Child Support

It is unlikely that adultery would affect child custody unless the extramarital affair happened in the presence of the children or it somehow jeopardized the children’s wellbeing. Adultery may not, however, impact child support.

Getting an Oklahoma Family Law Attorney Involved

If your spouse cheated, then you have a way of holding them accountable as an adulterer. To best understand your options, it is important that you discuss your situation with a family law attorney. They can help chart the best path forward and help you get justice from your unfaithful spouse. A family law attorney can also help protect your financial interests and your rights to your children. Backed by more than 40 years of experience, Inner Vision Legal is a top divorce law firm in Oklahoma. We strive to provide quality services to you at a reasonable cost. To learn more about how Inner Vision Legal can help you, call us or contact us online.