Divorce is an unfortunate reality that many married couples face. Despite their desperate attempts to overcome their marital issues, some couples find it impossible to salvage their relationships. In the state of Oklahoma, there are several grounds for divorce that one can consider. This article aims to shed light on these grounds and provide an overview of your options if you are contemplating a divorce.
Exploring Fault-Based Grounds
Traditionally, divorce proceedings were only granted in cases where one spouse could provide evidence that the breakdown of the marriage was primarily due to the other spouse’s fault. While divorce laws have evolved in many states, Oklahoma still recognizes several fault-based grounds for divorce, which include the following:
Adultery: An All-Too-Common Betrayal
Adultery, an act where one spouse engages in a sexual relationship with an individual other than their spouse, stands as one of the common causes of divorce. If you possess substantial evidence proving that your spouse committed adultery, you may be able to obtain a divorce on these grounds.
Extreme Cruelty: A Harrowing Experience
Extreme cruelty encompasses any acts that inflict physical, mental, or emotional harm on the other spouse. Such acts may include physical abuse, verbal abuse, or emotional abuse. If you have experienced extreme cruelty in your marriage, you might have the opportunity to obtain a divorce on these grounds.
Abandonment: Left Alone, Heartbroken
Abandonment occurs when a spouse leaves the other without cause for a period of one year or more. If you find yourself in such a situation, where your spouse has left you behind for an extended period without a justifiable reason, you may be eligible for a divorce on the grounds of abandonment.
Imprisonment: Bars Cannot Hold Your Freedom
If your spouse is serving a considerable prison sentence, you may have the option to pursue a divorce on these grounds. Imprisonment presents a significant obstacle to maintaining a healthy and functional marriage, making it a valid reason to seek a divorce.
Considering No-Fault Grounds
Oklahoma also acknowledges several no-fault grounds for divorce. In these cases, neither spouse is held strictly accountable for the disintegration of the marriage, and a divorce can be granted due to irreconcilable differences. The following are the commonly recognized no-fault grounds for divorce in Oklahoma:
Mutual Consent: A Shared Understanding
When both you and your spouse mutually agree that the marriage has come to an end and divorce is the inevitable solution, you can potentially obtain a divorce based on mutual consent. This ground for divorce offers an opportunity to end the marriage amicably, without placing blame on either party.
Incompatibility: Insurmountable Differences
Incompatibility refers to significant differences between you and your spouse that impede the possibility of maintaining a functional relationship. If you can successfully demonstrate that you and your spouse possess fundamental differences that cannot be resolved, you may be able to obtain a divorce on the grounds of incompatibility.
Separation: A Period of Reflection
In cases where you and your spouse have been voluntarily separated for a duration of six months or longer, you may be eligible for a divorce based on separation. This separation should be devoid of any cohabitation and should reflect a genuine attempt at living separate lives.
Choosing the Appropriate Grounds
When contemplating divorce in Oklahoma, it is crucial to ponder over your specific circumstances before determining the grounds for divorce that are most suitable for you. Consider the following factors when making your decision:
Evaluating Your Emotional Needs
If you have suffered from extreme cruelty in your marriage, filing for divorce on those grounds might provide a sense of vindication. Conversely, if you wish to move on from the marriage without attributing blame to either party, a no-fault ground such as separation or incompatibility may be the most suitable choice.
Understanding the Financial Consequences
Choosing the right grounds for divorce can have significant financial implications. For instance, if you opt for a fault-based divorce based on adultery, you may have a stronger claim to a larger portion of the marital assets. On the other hand, if you pursue a no-fault divorce, property division tends to be more equitable.
Seeking Professional Guidance
Navigating the complex divorce process can be overwhelming. Therefore, it is advisable to seek assistance from an experienced family law attorney who can help you comprehend your options and make informed decisions. By collaborating with a knowledgeable attorney, you can not only choose the appropriate grounds for divorce but also protect your rights throughout the process.
Conclusion: Charting a New Path
Divorce is undoubtedly a challenging and emotionally taxing experience. However, selecting the right grounds for divorce can alleviate some of the burdens associated with the process. Whether you opt for a fault-based or a no-fault divorce, it is essential to carefully evaluate your situation and seek guidance from a competent attorney. By choosing the appropriate grounds and leveraging the expertise of a legal professional, you can safeguard your rights and embark on a new chapter of your life with confidence.