Divorce can be an emotionally challenging process, but it is crucial to have a comprehensive understanding of the grounds for divorce in your state. In the state of Oklahoma, there are several grounds for divorce, each with its own unique requirements. This article aims to provide you with an overview of the grounds for divorce in Oklahoma, ensuring that you are well-informed if you find yourself contemplating a divorce.
No-Fault Grounds
Oklahoma is known as a no-fault divorce state, meaning that it is not necessary to assign blame to your spouse in order to obtain a divorce. Instead, you can simply cite "incompatibility" or "irreconcilable differences" as the reason leading to the dissolution of your marriage.
Fault Grounds
Despite the no-fault nature of divorces in Oklahoma, there are still several fault grounds that you can utilize if applicable to your situation. These include:
Adultery
If your spouse has engaged in extramarital affairs, you can petition for divorce on the grounds of adultery. However, it is essential to gather substantial evidence proving that your spouse had sexual intercourse with someone outside of the marriage.
Abandonment
In cases where your spouse has voluntarily left you for a minimum duration of one year without your consent, you are eligible to file for divorce based on abandonment. Be prepared to demonstrate that your spouse left with the clear intention of ending the marriage and did not return during that time.
Abuse
If you have experienced physical or mental abuse inflicted by your spouse, you can pursue a fault-based divorce using abuse as the ground. It is crucial to collect evidence such as police reports, medical records, or eyewitness testimony to substantiate your claims.
Fraud
In situations where your spouse has deceived you about a significant aspect of your marriage, such as their financial situation or intentions, you can use fraud as a fault ground for divorce. You must provide evidence that the fraud played a substantial role in your decision to enter into the marriage.
Key Considerations
Before proceeding with a divorce in Oklahoma, it is important to keep the following aspects in mind:
Residency Requirement: You must be a resident of Oklahoma for at least six months prior to filing for divorce.
Parenting Class: If you have minor children, it is mandatory to attend a parenting class before finalizing the divorce proceedings. This ensures that the best interests of the children are taken into account.
Equitable Distribution: Oklahoma operates under the principle of equitable distribution when it comes to dividing marital assets. This means that property and assets will be divided fairly, but not necessarily equally, taking into consideration various factors such as the duration of the marriage and each party’s financial situation.
Spousal Support: If you can demonstrate a genuine need for financial assistance, you may be eligible for spousal support. This can help provide temporary or long-term financial support depending on the circumstances.
Attorney Fees: In certain cases, the court may order one spouse to cover the attorney fees of the other spouse.
Conclusion
Although divorce is a challenging and emotionally charged process, being aware of the grounds for divorce in Oklahoma can empower you to make informed decisions that protect your rights and interests. Whether you opt for a no-fault divorce or choose to file based on fault grounds, seeking legal advice and support throughout the proceedings is crucial. Remember, you are not alone, and there are professionals ready to guide you through this difficult time.