Divorce can be an emotionally draining and stressful time for a person. Most individuals want to resolve their situation quickly and amicably and move on with a clean slate. The last thing a person wants to consider is the legal grounds and complications that can arise when they attempt to separate from a spouse.
Most people in Oklahoma start the divorce process by asking if they have grounds for divorce. The answer is yes, you must demonstrate a legal reason to divorce in Oklahoma. A skilled divorce attorney can help you understand what those grounds are.
Oklahoma Divorce Laws
Oklahoma law stipulates that couples seeking to divorce must have a legally acceptable reason for seeking a divorce. This rule can confuse couples because Oklahoma allows residents to file for a no-fault or a fault-based divorce. A no-fault divorce means you want to end your marriage but do not want to claim they caused the breakdown of the marriage. To move ahead with a no-fault divorce, Oklahoma law allows couples to claim “incompatibility.”
Fault-Based Grounds for Divorce in Oklahoma
A fault-based divorce is different. It means that one spouse wants to assign blame for the marital breakdown to the other spouse, showing the court that bad faith actions on their part caused the end of the marriage. Oklahoma law recognizes several fault-based grounds for seeking divorce, including:
• Abandonment – The opposing spouse must have abandoned the marriage for at least one year.
• Adultery – Proving adultery means providing substantial proof to the court that a spouse engaged in infidelity, or sexual intercourse with another person during the marriage.
• Impotence – As a legally acceptable reason for divorce, impotence must exist at the time of the marriage, be medically diagnosed by a healthcare professional, and be incurable.
• Extreme Cruelty – Extreme cruelty involves physical violence or substantial emotional abuse that is severe enough to make the relationship unbearable for the victim or pose a significant threat to their health or safety.
• Habitual Drunkenness – A spouse can legally file for a fault-based divorce in cases where a partner repeatedly engages in the overconsumption of alcohol to the point where it interferes with the marriage or the partner’s responsibilities.
• Fraudulent Contract – Although rare, some partners can seek a divorce based on a fraudulent contract, meaning they entered a marriage under deceptive circumstances related to misrepresentation or other fraudulent acts.
• Gross Neglect of Duty – Gross neglect of duty refers to a spouse’s failure to fulfill marital obligations, such as providing financial support or child care, or failing to meet the generally accepted responsibilities within a marriage.
• Imprisonment – A spouse can claim imprisonment as grounds for divorce when their partner is incarcerated in a state or federal facility when they file their petition.
• Divorce Outside of Oklahoma – An individual can file a fault-based divorce if a spouse seeks divorce in another state, but the divorce decree is not valid in Oklahoma.
• Insanity – Insanity can be one of the most challenging grounds for divorce and requires proof and medical documentation that the spouse has been “insane” for at least five years.
An Oklahoma Divorce Attorney Can Help
If you wish to learn more about the divorce process, it is time to get help from an experienced Oklahoma divorce attorney with Taylor Law Firm, PLLC. Contact our office today for a confidential consultation.
