What is a fault divorce?

A fault divorce is a type of divorce in which one spouse demonstrates that the other spouse is legally responsible or at fault for the end of the marriage. In Oklahoma, this type of divorce is available as an option. The “fault” that must be demonstrated in order to obtain a fault divorce in Oklahoma is usually based on a serious issue such as adultery, abandonment, abuse, jail time, imprisonment, extreme cruelty, or fraud. In the case of an allegation of adultery, evidence of an extramarital affair must be provided. If the other spouse does not contest the fault divorce, the process is often simpler and less expensive. If the other spouse does contest the fault divorce, the person alleging adultery must prove the allegations in court. This is done by providing evidence such as emails, texts, or testimony from witnesses. If the court determines that the allegations are true, then they are able to grant a fault divorce. This type of divorce can be a complicated process and should be handled by an experienced divorce lawyer. In Oklahoma, the court may also consider the incomes and "fault" of both spouses in determining alimony and child custody. This means that if the court determines that the fault lies with one spouse, alimony and child custody issues may be impacted. It is important to seek legal advice if you are considering a fault-based divorce in Oklahoma.

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