Married couples often encounter difficulties in life that may ultimately lead to the decision to separate. The situation becomes even more complex and challenging when one spouse is incarcerated. If you find yourself in such a predicament in Oklahoma, you may be wondering whether you can still proceed with a divorce. The answer is yes, you do have the option to file for divorce even if your spouse is currently serving time in jail. Here is everything you need to know to navigate this unique situation.
The Grounds for Divorce in Oklahoma
In order to file for a divorce in Oklahoma, it is essential to have valid grounds or reasons to terminate your marriage. The state recognizes both fault and no-fault grounds for divorce. Fault grounds encompass various reasons such as adultery, abandonment, mental illness, and the specific circumstance of imprisonment. Conversely, no-fault grounds for divorce include incompatibility and irreconcilable differences between the spouses.
Using Imprisonment as Grounds for Divorce
If your spouse is incarcerated, you are allowed to cite imprisonment as grounds for divorce in Oklahoma. However, you must establish that your spouse has been confined for at least a year and that their release is not anticipated in the near future.
To support your case, you will need to provide the court with an official certified copy of your spouse’s incarceration record, which serves as tangible evidence of their current imprisonment. Additionally, you must demonstrate that you have made genuine efforts to locate and serve your spouse with the necessary divorce papers. This can be accomplished by either sending the papers to their last known address or publishing a notice in a local newspaper.
The Divorce Procedure
The process of obtaining a divorce in Oklahoma when your spouse is in jail does not differ from a standard divorce proceeding. Once you have initiated the divorce by filing the required paperwork and successfully served your spouse, you must wait for their response. If your spouse agrees to the divorce, the procedure can progress smoothly. However, if they choose to contest the divorce or simply fail to respond, you have the option to request a default judgment from the court.
Child Custody and Support Matters
When you share children with your incarcerated spouse, it becomes crucial to address matters of child custody and support within your divorce agreement. It is recommended to collaborate with your spouse to develop a comprehensive parenting plan that outlines the custody arrangements and how decisions regarding your children’s well-being will be made. In the event that you are unable to reach a mutual agreement, the court will intervene and make a determination based on the best interests of your children.
In addition, determining child support payments is a critical aspect. The court employs Oklahoma’s child support guidelines to calculate the appropriate amount of support, considering both your income and your incarcerated spouse’s income.
In Conclusion
Although filing for divorce when your spouse is in jail presents its own unique set of challenges, it is important to remember that it is indeed possible to move forward with the process. Consulting an experienced divorce lawyer will prove valuable in navigating this complex situation. Always keep in mind that you are entitled to pursue a divorce if your spouse is incarcerated in Oklahoma. With thorough planning and preparation, you can successfully navigate the divorce process and embark on the next chapter of your life.