When a spouse commits adultery in Oklahoma, it is natural to feel betrayed and angry.
When that betrayal leads to divorce in Wagoner, you may wonder whether that is sufficient grounds for divorce in Oklahoma and whether you should make that allegation in the proceeding.
Here are some things that you may want to know in making the decision along with your attorney.
Grounds for Divorce in Oklahoma
All states list acceptable grounds for divorce. Adultery in Oklahoma is one of a number of grounds that are legally acceptable for divorce.
When you file a petition for divorce in Wagoner, you can claim that the divorce should be granted if your spouse committed adultery. However, whatever ground you declare in your petition for divorce, you must also prove that ground in court.
It can seem like an attractive idea to drag your spouse’s reputation through the mud when you are angry. But you may want to reconsider.
A charge of adultery in Oklahoma will require a trial. And that will be time-consuming, expensive, and emotionally fraught.
Here are all possible grounds for a Wagoner divorce.
1. Abandonment for one year or longer.
4. Wife impregnated by a man other than her husband.
5. Extreme cruelty.
6. Fraudulent contract.
7. Incompatibility. If children are involved, the parties must attend an educational program on the impact of divorce on children.
8. Habitual drunkenness.
9. Gross neglect of spousal duties.
10. Imprisonment in a state or federal institution for committing a felony at the time a divorce petition is filed.
11. Obtaining a divorce decree from another state that does not release you from divorce in the state of Oklahoma.
12. Insanity for five years or more. (Okla. Stat. tit. 43 § 101)
Fault vs. No-Fault
All of the grounds listed in the statute, except that of incompatibility, are grounds that involve “fault.” When you choose a “fault” ground, you will be required to prove that in a trial.
When you allege incompatibility, you do not have to prove the ground. As a result, the divorce proceeding takes less time and is less costly. Incompatibility can be alleged even if only one spouse wants the divorce.
Is Adultery in Oklahoma Relevant in Any Other Way?
Sometimes, adultery in Oklahoma can be relevant in cases of contested child custody. Adultery is only relevant however, when the child suffers because of the parent’s adultery.
So, if a parent leaves a child unsupervised for long periods of time as a result of the adultery, then the adultery could be relevant.
Most of the time, however, a parent who is committing adultery does so discreetly and ensures that a child’s welfare is not compromised as a result.
And as angry as you might be about the betrayal, adultery in Oklahoma is not relevant to the issue of alimony or property division.
Free Consultation: Wagoner Divorce Attorney
When your marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Wagoner divorce attorney on your side.
Contact the Wirth Law Office – Wagoner at 918-485-0335 today to schedule your free, no-obligation consultation.