If you are considering divorce in Oklahoma, there are several complexities that can arise. One of the most important things to keep in mind are the Oklahoma grounds for divorce. Here is what you need to know.
Oklahoma Grounds for Divorce | 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.
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Oklahoma Grounds for Divorce | Legal Grounds
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.
If you have any questions about the Oklahoma grounds for divorce, please contact our experienced Stillwater divorce lawyer to schedule a free consultation.