wagoncreek
New
Reged: 01/04/08
Posts: 3
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My wife left me on October 6th, 2007 and moved in with a man she'd been having an affair with. They've been living together since then. She has now filed for divorce, which we are trying to deal with. My questionis, can I sue her for adultery in the State of Oklahoma?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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Yes ! Adultery is one of the fault grounds for divorce in Oklahoma .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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wagoncreek
New
Reged: 01/04/08
Posts: 3
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She has filed already on the grounds of irreloncible differences. I plan to try and work this out with her, but can I still sue for Adultry?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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You can countersue for divorce under any grounds you like at any time until the matter is settled . The only effect adultery would have is , maybe , a small effect on the final distribution of marital property ( she cheated , you get more property ) . The wisest ( and cheapest ) choice is ALWAYS to negotiate .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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wagoncreek
New
Reged: 01/04/08
Posts: 3
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I understand that if convicted of Adultery...it carrys a Felony charge.
Is this correct?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 33 - Adultery
Section 871 - Definition of Adultery - Prosecution
Cite as: O.S. §, __ __
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Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery.
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 33 - Adultery
Section 872 - Adultery - Penalty
Cite as: O.S. §, __ __
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Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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