Grounds for Divorce in Oklahoma
Family Law Representation Throughout Payne County and Oklahoma State
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Grounds for Divorce in Oklahoma
Family Law Representation Throughout Payne County and Oklahoma State
Going through a divorce can be a very overwhelming and stressful time. An experienced Stillwater divorce attorney can help simplify the complexity of grounds for divorce in Oklahoma and ease your burden while you prepare to move forward with your life.
There are many laws regarding divorce in Oklahoma and disputes may arise that ultimately delay the process.
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To avoid any conflict, it is best to consult with an experienced Stillwater divorce attorney who will carefully evaluate your case and determine your best course of action.
Fault-Based and No-Fault Divorces
All 50 states allow for no-fault divorces, which means a divorce can be granted without one spouse having to prove wrongdoing on account of the other. Oklahoma is one of the few states where fault grounds can still be enforced, although no-fault divorces are essentially granted due to incompatibility reasons, otherwise known as “irreconcilable differences.”
There are several reasons why a spouse may look to file for a fault-based divorce as opposed to a no-fault divorce. For example, if one spouse is unwilling to agree to a divorce, an at-fault divorce petition does not require the consent of the unwilling party. However, fault still needs to be proven in court, which is why an experienced Stillwater divorce attorney is necessary to guide you through all legal proceedings. An at-fault divorce may be the only way to get out of an abusive or unhappy marriage.
Another example of an at-fault divorce being more beneficial concerns division of assets and child custody laws. If the other party is found to be at fault, then you may be able to obtain a larger share of marital property along with a more favorable child custody arrangement. However, this all depends on the unique circumstances of your case. If you are having any difficulties when it comes to filing a divorce petition in Oklahoma, seek the advice of a knowledgeable divorce attorney today to guide you toward your best options.
Grounds for Divorce in Oklahoma
If you are pursuing a fault-based divorce, the state of Oklahoma recognizes the following as legal grounds for divorce:
- Abandonment
- Adultery
- Extreme cruelty or negligence
- Fraudulent contract
- Habitual drunkenness
- Impotence
- Incompatibility
- Insanity
- The wife was pregnant with another man’s child at the time of marriage
- One spouse is imprisoned for a felony at the time the divorce petition was filed
- One spouse petitioned for divorce in another state that isn’t valid in Oklahoma
It is important to remember that fault must be proven in court for a divorce of this nature to be granted. Grounds such as adultery, extreme cruelty, gross negligence, and habitual drunkenness may be difficult to prove without an experienced divorce attorney by your side.
To use abandonment as grounds for divorce, one spouse must have been abandoned by the other for a period of at least one year. Similarly, a spouse must have been institutionalized for five years (with a negative prognosis for recovery) for grounds of insanity to be considered. The court will not grant the divorce until the affected spouse has been properly examined by at least three physicians.
Gross negligence, or neglect of duty, refers to a spouse not providing the other with proper financial and emotional support during the marriage. You may need to provide financial records in order to prove in court that the petition for divorce is justified.
A fraudulent contract entails that one spouse was unwittingly or unwillingly coerced into marriage. For example, if one spouse is unaware that the other was previously or currently married to someone else and was lied to about this information, this would qualify as a fraudulent marriage contract.
Difficulties can arise when attempting to prove fault in court. To make sure you are extensively prepared and well-versed in Oklahoma divorce law, you will need to seek the legal counsel of an experienced .
Filing for Divorce in Oklahoma
In order to file for divorce in the state of Oklahoma, at least one spouse must be a resident of Oklahoma for at least six months prior to filing for divorce. The petition for divorce must be filed in the county court where either you or your spouse currently resides, and notification must be provided to the other spouse.
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Divorces in which there are no children involved may be finalized in as few as 10 days. If you have children, there is a 90-day waiting period before the divorce can be processed. It is best to consult with a reputable Stillwater divorce attorney to ensure that all elements of the divorce process are handled correctly.
How an Experienced Stillwater Divorce Attorney Can Help
A no-fault petition citing incompatibility or irreconcilable differences can sometimes result in an amicable settlement. However, this is not always the case. Many divorces are tense affairs that result in plenty of stress and opposition.
No matter what the case may be, a seasoned and trustworthy Stillwater divorce attorney will handle your case with skill and efficiency to guide you through this difficult process. Please contact us today to schedule a free consultation.