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What are the legal grounds for divorce in Oklahoma?

On Behalf of | Jul 10, 2023 | Divorce |

It takes two people to choose to get married, but it technically only takes one spouse to file for divorce. Many adults in Oklahoma are unsure of what the grounds allow them – or their spouses – to lawfully file for a divorce. Oklahoma actually has 12 different reasons that can lead to a divorce filing.

Those pursuing a divorce in Oklahoma may want to file a no-fault divorce, as no-fault cases are often faster. Someone doesn’t have to prove details about their marriage to convince a judge to grant them a no-fault divorce. However, other people may not want to file a no-fault divorce, especially if they belong to a religious community that frowns on marital dissolution. Having legal records which show that the other spouse was at fault for the divorce may feel like a necessity in some cases. These are the 12 grounds for divorce outlined in Oklahoma state law.

Many of the grounds are fault-based

When looking at the reasons that the state courts will grant a divorce, it quickly becomes apparent that misconduct on the part of one spouse is often a contributing factor. Both adultery and a pregnancy where the father is someone other than the husband are grounds for divorce in Oklahoma.

So too are abandonment, neglect of duty, cruelty, fraud, drunkenness and imprisonment. The Oklahoma family courts also grant divorces for circumstances that technically outside of the control of the spouses, like insanity and impotence. Those pursuing a no-fault divorce would file using a claim of incompatibility after mutual agreement. This is the main way to obtain an uncontested divorce. The state also lists receiving a final divorce decree as grounds for divorce.

Fault-based divorces are subject to pushback

When someone chooses to file a fault-based divorce, they have to accept the risk that their spouse may try to file a contested response to this effort. They may also incur more expenses in the attempt to legally end their marriage. However, for people in certain circumstances, a fault-based divorce could very well be the best option.

Making sense of the basic rules and apply to Oklahoma divorces may help people develop a more effective strategy when preparing for the end of their marriages. Seeking legal guidance is a good place to start.