Grounds for Divorce in Oklahoma

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Divorce may be defined as the legal extinction of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Oklahoma commonly grant divorces because to force a couple to stay married would go against public policy.

 

“No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only suitable justification for a divorce, even if fault grounds exist within the marriage. The other states, such as Oklahoma, allow the individuals involved to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

 

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of states currently permit some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally stop a no-fault divorce, simply because when one spouse wants a divorce and the other does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Oklahoma, the basis for a no-fault divorce is incompatibility.

 

Many states require a “cooling-off” period of separation for a particular period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law. In Oklahoma, the divorce decree is made final immediately unless it is appealed, but neither spouse may marry for six months (if they do, they will be guilty of bigamy) or cohabit for 30 days (if they do, they will be guilty of adultery).

 

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Oklahoma, the fault grounds for divorce are: adultery, cruelty or violence, abandonment or desertion for at least one year, alcohol addiction, impotency, insanity for the previous five years, pregnancy at the time of marriage (not by the husband), conviction of a felony, fraudulent contract, gross neglect, and procuring a divorce out-of-state (if a party obtains an out-of state divorce, it does not dissolve their marital obligation in Oklahoma).

 

Either spouse can file for divorce in Oklahoma, as long as they have been a state resident for a minimum of six months. The divorce may be commenced in the county in which the filing spouse has been a resident for 30 days, or in the county where the other spouse resides. The process begins when one spouse files a petition for divorce with the district court in the appropriate Oklahoma county. For a full review of divorce law in Oklahoma, go to lawyers.com.

 

Divorce laws differ widely across the United States. The American Bar Association offers a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Oklahoma, can be found at abanet.org.

 

*An example of an Oklahoma Divorce Agreement Settlement can be seen on Free Legal Aid.