Man removing wedding ring behind his back


Greg Wilson July 29, 2021

According to statistics from recent US Census data, Oklahoma had the third-highest divorce rate in the country in 2018, trailing only South Dakota and Arkansas. Oklahoma’s divorce rate was also 30% higher than the national average. One of the many factors that lead to divorce in the state of Oklahoma is infidelity. If you are thinking about filing for a divorce and want to understand how cheating may affect the outcome of your case, you should speak with an experienced Oklahoma Divorce attorney for detailed guidance.

Learning that your spouse has been unfaithful can be an extremely overwhelming discovery. Here at my firm, Wilson Law Firm PLLC, I am dedicated to helping individuals and families navigate the complexities of divorce, even when they involve adultery. I am available to discuss your unique circumstances, help you explore all possible legal options, and educate you about how infidelity may impact the outcome of your divorce case.

As your attorney, I will fight compassionately to protect your rights, your best interests, and help you move work toward a resolution that can help you move forward. My firm is proud to serve clients throughout Shawnee, Chandler, Norman, and Ada, Oklahoma — so call or reach out today to learn more about how I can help you with your divorce case.

Adultery & Divorce in Oklahoma

Oklahoma is considered a hybrid fault state. This means that you can seek a no-fault divorce due to incompatibility or a fault-based divorce if your partner is guilty of extreme cruelty or committing marital misconduct.

No-Fault Divorce

In a "no-fault" divorce, you are not required to state the facts that led to the dissolution of the marriage. You only need to cite "incompatibility" or that there were "irreconcilable differences" to the court.

However, if you have a child together, and the child is still under 18 years, you and your partner will have to attend a Parenting Through Divorce (PTD) program. This is a court-mandated educational program that teaches couples about the effects of divorce on children and how parents can help the children cope with the change.

Fault Divorce

Under Oklahoma Statutes Section 43-101, couples can file for a fault-based divorce using any of the following grounds:

  • Abandonment for up to one year

  • Adultery

  • Extreme cruelty

  • Impotency

  • The wife was pregnant by someone other than her husband at the time of the marriage

  • Fraudulent contract

  • Habitual drunkenness

  • Gross neglect of duty

  • Imprisonment of one spouse in a state or federal facility at the time of filing for divorce

  • Insanity for at least five years.

Ways that Adultery Might Play A Factor

As mentioned earlier, adultery is one of the grounds for a fault-based divorce in Oklahoma. This means that committing adultery can affect a number of different divorce issues, such as asset distribution, child support, child custody, and alimony. Here's how adultery might play a factor in divorce proceedings:

Spousal Support

Adultery doesn't necessarily affect spousal support. However, Oklahoma courts may consider adultery or other marital misconduct if it affects the needs of the supported spouse or the ability of the paying spouse to pay alimony.

Dividing Assets

Adultery may also be considered by the Oklahoma courts when dividing marital assets, in limited circumstances, if there is enough evidence to prove that the cheating spouses spent large sums of the couple's finances on the affair, including paying for vacations, trips, jewelry, or buying expensive items during the affair.

Child Custody

Oklahoma courts rarely consider infidelity when deciding child custody and visitation rights in a divorce, unless the parent's extra-marital affair affects their parenting abilities or endangers the children.

Child Support

Infidelity also does not typically affect child support in Oklahoma. The Oklahoma court will review each parent's income, medical expenses, and childcare expenses when awarding child support.

Receive Guidance from an Experienced Family Law Attorney

Filing for divorce in Oklahoma involves a number of different complex legal processes — especially when your partner was having extra-marital affairs. Attempting to negotiate a divorce settlement, divide marital property, and establish spousal support arrangements with your ex-spouse during such a tumultuous time can be an extremely difficult challenge. That’s why, when filing for divorce with marital misconduct involved, it is so critical to consult with an experienced Oklahoma family law attorney for reliable legal counsel and support.

Here at my firm, Wilson Law Firm PLLC, I have devoted my entire career to providing knowledgeable guidance and compassionate representation to clients facing legal issues with family, including cases dealing with alimony, asset division, child custody, and extreme divorce cases involving infidelity. I will work diligently with all parties involved in an attempt to negotiate a fair divorce settlement and resolve any divorce-related disputes as peacefully and productively as possible.

Using my extensive experience, I will fight compassionately to protect your rights and help you make this transition as seamless as possible. If you’re considering a divorce, or are already in the process, reach out to my office today to schedule a consultation with an experienced divorce attorney. I can offer you the reliable legal guidance and strong advocacy you need to successfully navigate your divorce proceedings.

My firm proudly serves clients throughout Shawnee, Chandler, Norman, and Ada, Oklahoma, so call today to learn more about how I can help you with your divorce.