Making the decision to get a divorce is extremely difficult for any couple. Once that decision is made though, the spouses will have to make many more. One of these is whether to file a fault-based or no-fault divorce. In Oklahoma, spouses can file for either type. However, those filing based on fault will need to have proper grounds and prove that fault during the divorce process.
So, what is a no-fault divorce? And what are the grounds for divorce in Oklahoma?
No-Fault Divorce in Oklahoma
Filing a no-fault divorce in the Sooner State simply means that one or both spouses want to dissolve the marriage and do not want to place the blame on just one spouse. These divorces typically state “irreconcilable differences” as the reason for divorce.
No-fault divorces are often quicker to finalize, as they remove the dispute between the couple pertaining to which spouse is at fault for the divorce. A judge in family court will simply grant the divorce based on the Petition for Divorce that was filed. However, even in no-fault divorces, the couple may not agree on all terms, such as child custody, and this can delay the process of finalizing the divorce.
Grounds for Fault-Based Divorces in Oklahoma
A spouse may wish to file a fault-based divorce for many reasons. When one spouse does not agree to the divorce, the other spouse can file a fault-based divorce that does not require the consent of both parties.
One spouse may also want a larger share of the assets owned by the couple, such as a home, or may want more access to the children than the other spouse. In this case, a fault-based divorce can often provide for those.
It’s important that both spouses understand that when a fault-based divorce is filed, the spouse filing for divorce must prove the fault in court. Fault-based divorces must also have proper grounds. Oklahoma statutes provide many possible grounds for divorce. They include:
● Abandonment: When one spouse has abandoned the other spouse for a period of at least one year
● Extreme cruelty or negligence: When one spouse has not provided the other spouse with necessary financial or emotional support
● Fraudulent contract: One spouse was coerced into a marriage or was not given all information prior to the marriage, such as that the other spouse was already married
● Insanity: One spouse must have spent at least five years in an institution for insanity, with little chance for a positive prognosis
● Habitual drunkenness
● Wife was pregnant with another man’s child at the time of marriage
● One spouse was imprisoned for committing a felony at the time the other spouse filed for divorce
● One spouse filed for divorce in another state and therefore, the divorce isn’t valid in Oklahoma
Often a spouse filing a fault-based divorce will find it challenging to prove the fault in court. This is particularly true in the case of adultery, extreme cruelty or negligence, and habitual drunkenness.
Filing for Divorce? Contact the Oklahoma Divorce Lawyers Who Can Help
Filing a fault-based divorce is the most challenging route to take when filing for divorce. However, complications can also arise in no-fault divorces, such as when the two spouses cannot agree on the terms of the divorce. It’s for these reasons that anyone wishing to file for divorce should speak to a divorce attorney in Oklahoma who can help.
If you would like to file for divorce in Oklahoma, contact Banks, Gillett, & Gillett, PLLC at (405) 607-4800. Our goal is to help couples finalize their divorce as quickly as possible, so both spouses can move forward with their life. Even when divorces start amicably, they don’t always end that way, which is why every spouse needs experienced representation by their side. Call today for your free consultation and we can begin reviewing your case.