Oklahoma is a state where you have to think twice before filing a divorce. Although you can get pretty good informative stories by your loved ones and friends regarding the divorce, unfortunately, all of the details which they tell you might be wrong. There is much folklore surrounding the divorce and if you go on believing these folklores to be correct you might devastate your case. So, proper guidance should be taken by a real attorney to realize these things.
Myths about divorce in Oklahoma
I. Mother gets the prime custody of the child: Usually, everyone thinks the mother gets the custody of the child. But that is not true. Both parents should have an equal right to look after their children. But, if the mother is not caring for her child then the father will be given the custody of the child.
II. Always the Wives get the provisions: Most people believe women have the important work of taking care of the child by sacrificing their own interests for their children. So, provisions should be made for the Wives only. Nowadays, even women work and can handle a multi-tasking job. So, if women are the primary wage earner of the house, most probably the husband who is not employed will get the Provisions.
III. You shall commit no adultery or you lose: Cheating is the primary cause of divorce and it does not mean if you commit it you are obliged to look at your children, home and assets. As per Oklahoma’s law, adultery can be looked on to when marital funds or assets were used to help the illicit love affair.
IV. If one of the parents does not support the child, rejecting visitation is a great option- Imposing a parent’s commitment to supporting their children. So, you cannot reject the responsibility of looking after your child when you are given time to visit them. But if rejected, the court will despise you and can leave you near the entrance of the prison.
V. Divorce is costly and vigorously opposed- It is not true- If the couple accepts on all problems which are associated with the divorce and want to go their separate ways peacefully, they can choose to work on their last agreement by mediation series instead of court’s legal action that can save you time and money. Furthermore, sympathetic divorces are dissolves in a few months, as compared to opposed divorces which lasts more than a year.
VI. Divorces can get refused- Oklahoma is a non-guilty divorce state, it means that a person can file a divorce even if he gives no reason for the divorce. And even a court cannot refuse him if only one partner files it.
VII. You can keep away from making child support payments- If the couple has a minor child and you aren’t the caretaker, you need to support the child. If found not doing it so, which will lead to disregard from court.
How Does Adultery Impact Alimony in Oklahoma?
In Oklahoma divorce laws adultery normally doesn’t concern alimony. Courts only examine adultery or other misconduct if it affects the paying spouse’s capacity to pay or the supported spouse’s need. For example, if a spouse only needs alimony because that spouse’s affair got the spouse dismissed, the court may decide not to grant that spouse alimony. A court may also think whether the emotional impact of adultery in the marriage affected the supported spouse’s need for alimony.
It can be hard to prove the relationship between an affair and the demand for alimony. If you consider you should be suitable for alimony because of your spouse’s adultery, you should contact an Oklahoma family law attorney.