Offering Comprehensive,Skilled Representation

What do you need to prove to file for divorce in Oklahoma?

On Behalf of | Sep 21, 2022 | Divorce |

Divorce is frequently a contentious process. One spouse may know that the marriage is unstable, but the other may want to remain married. Whether due to pride or religious reasons, disputes about the necessity of marriage can frustrate those who want to move on from an unhealthy relationship.

As someone considering divorce in Oklahoma, you may realize that you have to take the first steps without the cooperation of your spouse. In fact, you may have to handle the entire process without their cooperation or while they actively fight against you.

What do you have to prove to get a divorce in Oklahoma?

No evidence is necessary for a no-fault divorce

Oklahoma does allow for fault-based divorces, but most people will seek no-fault divorces. They claim incompatibility, often because the marital relationship is in bad condition and is not salvageable.

There is no way to prove the breakdown of your relationship or incompatibility between you and your spouse outside of attesting to it family court. You won’t need to present any evidence, and your ex will not be able to dispute your claim. Even if they don’t respond to your court filing, the courts may eventually great you a divorce by default.

What if you want to show your ex is to blame?

There are 11 other grounds for divorce in Oklahoma other than no-fault proceedings. Adultery, pregnancy caused by someone other than the husband, infertility, abuse, abandonment, criminal activity, habitual drunkenness and insanity are among the fault-based grounds for divorce permissible under Oklahoma law.

You will typically need proof of the alleged misconduct or of a criminal conviction or involuntary mental health incarceration if you intend to pursue a fault-based divorce. Your spouse will also have the option of defending against your claims and presenting their own evidence.

For those who belong to a conservative religion or who feel deeply wronged by their spouse, pursuing a fault-based divorce may be a worthwhile endeavor. For many others, no-fault proceedings will be faster and will offer fewer opportunities for complications caused by an uncooperative spouse who would prefer to remain married. Learning the basics of divorce in Oklahoma can help you employ the best approach in your case.