Divorce Process in Oklahoma
The divorce process in Oklahoma begins when one spouse files a petition in the court requesting a divorce and ends when the court issues its final divorce decree. Between those two events, there are many other factors involved in the process. At any point in time, the process may change from contested to uncontested, or uncontested to contested, or partially contested and partiality uncontested, and so on.
If there are children, child custody, visitation, and support issues must all be resolved. Marital property will be divided according to equitable distribution principles.
The spouses may come to their own agreements on all or some of the issues with the help of mediation, or the divorce may proceed in an adversary manner according to standard litigation.
At Hayes Legal Solutions, PLLC, we guide you through each step of this process. We are always mindful of the emotional toll divorce takes and we work to give you the best possible start to a new beginning when the divorce is final.
What are the Grounds for Divorce in Oklahoma?
1.) Abandonment for one (1) year.
4.) When the wife at the time of her marriage, was pregnant by another than her husband.
5.) Extreme cruelty.
6.) Fraudulent contract.
8.) Habitual drunkenness.
9.) Gross neglect of duty.
10.) Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
11.) The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
12.) Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery.
No Fault Divorce- What Is It?
A “no-fault” divorce means one spouse must state a belief that the marriage is over, or “irretrievably broken.” A no-fault divorce law gives either party the freedom to sue for divorce with only the claim of “irreconcilable differences.” Most divorces in Oklahoma are no-fault divorces.
A no fault divorce is filed with the court on the basis of irreconcilable differences between the spouses, rather than fault grounds, such as adultery, habitual intoxication, or insanity. A common misperception is that this means there was no marital misconduct on the part of either of the parties or that issues pertaining to the marriage and divorce are uncontested. No fault divorces certainly benefit from the guidance of a divorce attorney to help them navigate the inevitable issues that come up when dealing with matters of the heart.