What Are the Grounds for Filing for Divorce in Oklahoma?

Oklahoma recognizes several possible grounds for divorce. An Oklahoma City divorce lawyer can help you navigate the filing process and other concerns if you decide to end your marriage.

12 Grounds for Divorce in Oklahoma: Advice From Your Oklahoma City Divorce Lawyer

1. Incompatibility

You may want to file a no-fault divorce on the grounds of incompatibility if you and your spouse disagree on significant matters. This is the most common legal reason for divorce in Oklahoma. Neither party has to prove wrongdoing for a no-fault divorce in Oklahoma.

2. Bigamy

If your spouse is already married, you can file for divorce on grounds of bigamy. The court can also bring criminal charges for bigamy under Oklahoma law.

3. Abandonment

You may have grounds for abandonment if your spouse left you for at least a year without a justified reason, such as military duty. Abandonment can influence the court’s decisions on spousal support, property division, child custody, and child support.

4. Insanity

Grounds for insanity means that one spouse has been institutionalized for a mental illness for at least five years. You’ll need to present medical records to file for divorce on these grounds.

5. Separation

You can file for divorce because of separation if you no longer cohabitate with your spouse. You must show the court that you’ve maintained separate residences for a significant period. Click here to learn more about separating from your spouse in Oklahoma City.

6. Felony Imprisonment

Oklahoma accepts imprisonment as grounds for divorce. You can file a petition if your spouse will spend time in state custody for a felony conviction.

7. Gross Neglect of Duty

You can divorce because of gross neglect of duty in Oklahoma. Gross neglect occurs when one spouse fails to fulfill marital responsibilities such as child care and financial obligations.

8. Habitual Drunkenness

If your spouse has a problem with alcohol abuse, you may want to seek a divorce on the grounds of habitual drunkenness. You’ll have to prove that your spouse’s drinking causes emotional distress and other issues.

9. Fraudulent Marriage Contract

Divorce on the grounds of fraudulent contract is available in Oklahoma if either party entered the marriage under false pretenses. The court requires proof of your spouse’s deceptive actions to grant this type of divorce.

10. Extreme Cruelty

This category provides for divorce because of emotional or physical abuse. You must show the court that your partner’s actions affected your well-being with evidence such as correspondence, photos, and medical records.

11. Impotence

You can seek divorce on grounds of impotence if your spouse cannot physically consummate the marriage. Oklahoma recognizes lack of intimate contact as a reason for divorce.

12. Adultery

Filing for divorce because of adultery in Oklahoma requires proof that your spouse has an intimate relationship with another person. Although adultery doesn’t directly affect the divorce settlement, it could affect spousal support or property division if the affair impacted the rest of the family financially.

An experienced divorce attorney can help you determine whether you should file for a fault or no-fault divorce. They can also help you negotiate a fair settlement that paves the way for a healthy, happy future after your marriage ends. 

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