Adultery is against the law in Tulsa County. Oklahoma recognizes adultery as both a criminal offense and as a ground for divorce. However, while it’s technically a criminal offense, it’s rarely prosecuted. Understanding the legal implications of adultery in the state can help individuals navigate both the criminal and civil consequences.
Adultery as a Criminal Offense
According to Oklahoma law (21 O.S. § 871), adultery is the voluntary sexual intercourse of a married person with someone who is not their spouse. The law classifies it as a misdemeanor, meaning that those with a conviction face fines, jail time, and a criminal record. The focus is typically on the civil implications, such as divorce proceedings, rather than criminal punishment.
Adultery as a Ground for Divorce
Oklahoma allows for fault-based divorce, and adultery is one of the grounds on which a spouse can file for divorce. This means that one spouse can allege that the other’s infidelity is the reason for the marriage’s breakdown. While Oklahoma is an equitable distribution state, meaning property is divided fairly but not necessarily equally, evidence of adultery can influence the court’s decisions. A judge may consider adultery when determining the division of marital assets.
If a spouse’s adultery contributed to the end of the marriage, the court might reduce or deny alimony to that spouse. Although it does not directly impact child custody decisions, it can be considered if it negatively affects the children’s well-being or the adulterous parent’s ability to care for them.
Legal Process and Evidence
To file for divorce on the grounds of adultery, the petitioner must include the allegation in the divorce petition and provide evidence to support the claim. Evidence can include photographs, videos, text messages, emails, witness testimonies, and private investigator reports. Solid evidence is necessary to convince the court of your claim. The court will then determine whether the claim is valid, a decision that can influence the divorce settlement.
Additional Considerations
Beyond legal implications, adultery can have significant emotional and psychological impacts on both spouses and any children involved. Counseling and therapy can be beneficial during this challenging time. Given the complexities of proving these claims and its potential impact on divorce proceedings, consulting with an experienced family law attorney is crucial. An attorney can provide guidance, help gather evidence, and represent your interests in court.
Tulsa County Divorce Lawyers
Adultery is against the law in Oklahoma and is both a criminal offense and a ground for divorce. While criminal prosecution is rare, we commonly see it play a role in divorce proceedings and child custody cases. To use this as grounds for divorce, you need to be able to provide substantial evidence. Our team here at Tulsa County Lawyers Group will guide you through the process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
