Eleanor Finch
Oklahoma recognizes 12 grounds for divorce, and understanding these legal grounds is crucial for making informed decisions when navigating the state's divorce process. While the majority of divorces are granted on a no-fault basis, meaning that the marriage is beyond any reasonable hope of reconciliation, there are several other factors that can constitute sufficient grounds for divorce. These include abandonment, adultery, impotence, imprisonment, cruelty, and more. Each of these grounds has specific legal requirements and implications that can influence the outcome of a divorce case, including child custody, visitation rights, spousal support, and the division of property.
| Characteristics | Values |
|---|---|
| Number of grounds for divorce | 12 |
| Grounds requiring proof | Adultery, abandonment, impotence, cruelty, fraud, drunkenness, neglect of duty, imprisonment, insanity |
| Grounds for no-fault divorce | Incompatibility, fraudulent contract |
| Grounds with specific requirements | Pregnancy by someone other than husband, habitual drunkenness, gross neglect of duty, imprisonment, insanity |
| Waiting period | 90 days if minor children are involved, 10 days if not |
| Residency requirement | Resident of Oklahoma for 6 months, resident of county for 30 days |
| Remarriage restriction | 6 months |
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What You'll Learn
Adultery, infidelity, or extramarital affairs
Adultery can impact divorce proceedings in Oklahoma in several ways. Firstly, it can serve as a legitimate reason for divorce, but it requires substantial evidence, such as proof of infidelity within 30 days of filing. Secondly, adultery can influence spousal support or alimony. While courts typically don't consider adultery when determining alimony, it may be a factor if the infidelity resulted in emotional harm to the other spouse or negatively impacted the supported spouse's financial situation.
Thirdly, adultery can affect child custody decisions, especially if the parent's affair affects their parenting abilities or negatively impacts the children. Lastly, adultery may influence the division of assets if the offending spouse used marital funds to support their extramarital affair. However, courts generally aim for an equitable distribution of assets, and adultery will not result in punitive measures against the unfaithful spouse.
It's important to note that Oklahoma changed from a "fault" to a "no-fault" divorce state in 1975. This means that spouses can now seek a divorce using no-fault grounds, such as marital incompatibility, without having to prove allegations of marital misconduct like adultery.
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Abandonment, including financial
Oklahoma recognises 12 grounds for divorce, including abandonment. To prove abandonment, you must demonstrate that your spouse left you and/or your children for at least a year without sufficient justification for their absence. This might include situations where a spouse leaves due to the other's adultery. Abandonment can significantly influence child custody, visitation rights, and spousal support. It may also impact the division of property, with misconduct and dissipation of assets potentially swaying the court's decision and resulting in an unequal distribution of assets.
Financial abandonment, or gross negligence, can also constitute grounds for divorce in Oklahoma. This refers to a spouse not providing the other with proper financial and emotional support during the marriage. To prove this in court, you may need to provide financial records to demonstrate that your petition for divorce is justified.
In a divorce where there are minor children involved, there is a 90-day waiting period from the date of service of the summons, the first date of publication, or an entry of appearance by the respondent. This waiting period may be waived under certain circumstances. Once the petition is served, an automatic temporary injunction (ATI) goes into effect, which prohibits certain financial expenditures and modifications to accounts and policies. It also requires the exchange of certain documents and information within 30 days of service.
In Oklahoma, all divorce cases are tried before a judge only. The divorce is final the day it is granted by the judge and the decree is filed with the court clerk. Oklahoma law prohibits remarriage or cohabitation with someone other than your former spouse in the state for a period of six months after the divorce is granted.
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Impotence, the inability to consummate the marriage
In Oklahoma, impotence is recognised as one of the 12 grounds for divorce. Impotence in this context refers to the inability to consummate the marriage or engage in sexual intercourse, which is considered a fundamental aspect of marriage. It is important to distinguish between impotence and a spouse's refusal or intentional avoidance of sexual relations. A spouse who withholds sex or is infertile would not be deemed impotent. Instead, impotence refers to a physical, psychological, or other medical condition that makes sexual intercourse impossible.
To claim impotence as grounds for divorce, the condition must be incurable and present at the time of the marriage. The party claiming impotence must provide sufficient proof, including a medical diagnosis. If the allegedly impotent spouse refuses to undergo medical and psychological testing, a judge may still grant the divorce but cannot require the spouse to undergo treatment.
The specific evidence required to prove impotence may vary depending on state laws, and it is important to consult a local family law attorney for personalised advice. Proving impotence can be challenging and expensive, especially if there is disagreement between the spouses, as doctors or expert witnesses may need to be hired to testify.
In the context of divorce law, impotence refers specifically to the physical or mental incapacity to consummate the marriage. This may include a physical defect or a mental condition such as total repugnance to the sexual act. It is important to note that partial or imperfect intercourse would not typically amount to consummation of the marriage.
In summary, impotence as a ground for divorce in Oklahoma requires proof of a medical condition that makes it impossible to engage in sexual intercourse, which is an essential aspect of a consummated marriage.
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Extreme cruelty, including physical or emotional abuse
In Oklahoma, victims of extreme cruelty in a marriage have the right to file for divorce. This includes any form of physical violence or emotional abuse that renders the marital relationship unbearable for the victim and poses a threat to their safety, health, or mental well-being.
Emotional abuse can take many forms, including insults, name-calling, blaming, intimidation, shaming, humiliation, isolation, extreme jealousy, and controlling behaviour. Financial abuse, which involves restricting a partner's access to financial resources and controlling their ability to work, is also recognised as a form of domestic violence under Oklahoma law.
Physical abuse may include hitting, slapping, punching, kicking, burning, strangulation, refusing medical care, or controlling medications.
If you are experiencing any form of extreme cruelty, it is important to seek legal guidance and support to protect yourself and your children. Tulsa divorce lawyers who represent victims of domestic violence can assist in navigating the criminal justice system and ensuring your safety.
To substantiate claims of extreme cruelty, victims can provide evidence such as medical records, testimonies, and documented instances of abuse. This evidence will be crucial in proving the allegation, especially if the opposing party contests it.
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Fraud, including fraudulent marriage contracts
Oklahoma recognises 12 grounds for divorce, including fraud or fraudulent marriage contracts.
A fraudulent marriage contract occurs when one spouse is unwittingly or unwillingly coerced into marriage. For example, if one spouse is unaware that the other was previously or currently married to someone else and was lied to about this, this would qualify as a fraudulent marriage contract.
To initiate a divorce based on a fraudulent marriage contract, you must:
- Identify this as one of the fault-based reasons for seeking a divorce.
- Evaluate the actions carried out by a party to the contract to prove fraudulent intent.
- Gather evidence of deceptive actions or actions identified as fraudulent by law.
Proving fraudulent intent may be necessary to proceed with the divorce. If proven, it could significantly influence the divorce result, especially regarding property division, spousal support, and child custody.
Fraudulent marriage contracts are considered fault-based grounds for divorce. Oklahoma is one of the few states where fault grounds can still be enforced, although no-fault divorces are essentially granted due to incompatibility reasons, or "irreconcilable differences".
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Frequently asked questions
Oklahoma recognises 12 grounds for divorce.
The 12 grounds for divorce in Oklahoma are abandonment, adultery, impotence, pregnancy by someone other than the husband, cruelty, fraud, incompatibility, drunkenness, neglect of duty, imprisonment, procurement of a final divorce decree, and insanity.
Abandonment is when one spouse deserts the other without justification for at least one year.
Cruelty must be extreme and cause significant distress. It can be physical or emotional abuse that makes living together unbearable.
If there are minor children involved, there is a 90-day waiting period from the date of service of the summons. Most counties in Oklahoma require parents of minor children to attend a parenting class before a divorce can be completed.
