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according to oklahoma law if you are going through a divorce

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according to oklahoma law if you are going through a divorce and have been found out to have cheated during the marriage how will that inpact the outcome of the divorce
Submitted: 6 years ago.
Category: Family Law
Expert:  LawHelpNow replied 6 years ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.



  1. I am a licensed attorney with family law litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "according to oklahoma law if you are going through a divorce and have been found out to have cheated during the marriage how will that inpact the outcome of the divorce" As a practical matter, marital infidelity is of little consequence in modern jurisprudence. Oklahoma is a "no-fault" jurisdiction allowing divorce simply on grounds of "imcompatability". However, adultery is still available as one of the traditional statutory grounds that can be pleaded pursuant to Okla. Stat. tit. 43, § 101. The botXXXXX XXXXXne, however, is that alleging and proving fault on the part of either party is no longer a required component of the divorce process today. However, the Court can and will take into account "fault" factors in making decisions when it comes to custody and support (if children are involved) and marital property division. Realistically, however, it would have to be something quite extreme and unusual -- i.e. having sexual relations in front of the children, etc. In the usual context of an extramarital affair, under Oklahoma law infidelity is not going to be of any huge relevance or importance in the scheme of things.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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