Introduction
Divorce is never an easy decision, and it can be even more complicated if one spouse is dealing with a medical emergency. If you are in this situation, you may wonder if you can get a divorce if your spouse is currently hospitalized. In Oklahoma, the answer is yes.
Grounds for Divorce in Oklahoma
Before filing for divorce, it’s important to understand the grounds for divorce in Oklahoma. The state recognizes both fault-based and no-fault grounds for divorce. Fault-based grounds include adultery, abandonment, cruelty, and imprisonment. No-fault grounds include incompatibility and irreconcilable differences.
The Process for Divorcing a Spouse in the Hospital
If your spouse is in the hospital, you can still file for divorce in Oklahoma. The process is similar to a standard divorce, with a few additional steps.
File for Divorce: The first step is to file for divorce in the county where you or your spouse lives. You will need to complete the appropriate forms and submit them to the court, along with any supporting documentation.
Serve Your Spouse: Once the forms are filed, you will need to serve your spouse with a copy of the divorce papers. If your spouse is in the hospital, you may need to arrange for a process server to deliver the papers to them. In some cases, a judge may allow for alternative service, such as email or mail.
Wait Period: Under Oklahoma law, there is a 90-day waiting period before a divorce can be finalized. During this time, you and your spouse will have the opportunity to negotiate the terms of the divorce, such as property division, child custody, and alimony.
Trial: If you and your spouse are unable to agree on the terms of the divorce, the case may go to trial. In this case, you may need to testify in court and present evidence to support your case.
Considerations for Divorcing a Spouse in the Hospital
If your spouse is in the hospital, it’s essential to approach the divorce process with compassion and sensitivity. Some things to consider include:
Your Spouse’s Health: You should not put added stress on your spouse’s health by arguing with them about the divorce while they are in the hospital. It’s important to be patient and understanding.
Legal Representation: It’s essential to hire an experienced divorce attorney to guide you through the divorce process. Your lawyer can help you understand your options and ensure that your rights are protected.
Medical Power of Attorney: If your spouse is incapacitated, you may need to obtain medical power of attorney before proceeding with the divorce. This legal document will give you the authority to make medical decisions on your spouse’s behalf.
Conclusion
In conclusion, you can get a divorce in Oklahoma if your spouse is in the hospital. However, it’s essential to approach the process with sensitivity and compassion. Be sure to hire an experienced divorce attorney and consider your spouse’s health and well-being throughout the process.