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Cheating- Impact on Oklahoma Divorces

Posted by Amy Hayes | Oct 09, 2022 | 0 Comments

Oklahoma has the third highest divorce rate in the country.  Although, most people file as "irrenconcilable differences" as cause for divorce, often adultery (sex outside of your marriage) comes up as a common reason marriage fails. Oklahoma is an equitable distribution state, which means the judge is trying to facilitate an equitable divorce settlement. Clients often ask how adultery impacts a divorce in Oklahoma.  The most common areas of concern are potential implications on dissipation of marital estate funds and child custody.

Dissipation of Marital Estate Funds

If the offending spouse in Oklahoma has used marital assets to indulge in the extra- marital affair, it is possible a judge could order the spouse to reimburse the marital estate for marital funds that were dissipated. If you have proof your spouse has used marital funds to pay for his/her extra-marital affair, it is worthwhile to save all documentation and financial documents that support your claim and discuss with an experienced family law attorney.   Alternatively, if you look at your finances and notice a large amount of funds and/or assets are missing, this could be something you need to have your divorce team check into. Often forensic accountants are needed to carefully look at financial documents to look for large portions of marital funds that are unaccounted for.   If marital funds were not depleted for the affair, the fact your spouse had an extra-marital affair usually does not impact distribution of assets.

Child Custody

The affair itself does not have an impact on child support.  Typically, adultery resulting in a marriage failing does not have effect child custody, unless the affair occurred in the presence of children and it is not in the best interest of the children to be around the new partner.  If you have reason to believe your spouse's new partner is abusing the children or your spouse is engaging in high risk behavior that interferes with his/her ability to care for the children, you should discuss these type things with a family law attorney.

 Divorce is one of the hardest things once can go through.   Infidelity raises the emotional stakes substantially, Hayes Legal Solutions, PLLCcan help you take the emotions out of what happened and be your advocate in the courtroom and/or mediation table. Call Hayes Legal Solutions, PLLC at 405-635-5578 to schedule a free 15 minute exploratory call. 

About the Author

Amy Hayes

Hayes Legal Solutions, PLLC is owned by Amy Hayes, she is also known by some as Amy Hayes-Thompson. She has been licensed to practice law in Oklahoma since 2003. Amy started Hayes Legal Solutions to make legal services more accessible and affordable to Oklahomans. Family Law, LGBTQ Family Law, Real Estate Law, Oil &Gas Law, Small Business Contracts, and Renewable Energy Law are her primary practice areas.


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