Ending a marriage can be emotionally painful. However, ending a bad marriage can be a very freeing experience. Putting an end to arguments or abuse should be everyone’s top priority. Unfortunately, going through a divorce can be messy and complicated. Before you begin the process, you should consider what your goals are and how you will be able to attain them legally. There are several steps you can take to make the process easier for yourself. In this article, we’ll discuss how to plan for your upcoming divorce.
Residency Requirements
In order to get divorced in Oklahoma, you must be a resident of Oklahoma for at least six months. In addition, you must be a resident of the county where you file for divorce at least thirty days.
Fault Grounds Vs. Incompatibility
The next requirement for an Oklahoma divorce is the reason for the divorce itself. Most divorces can proceed simply on the grounds of “incompatibility.” That is, both spouses agree that they wish to end the marriage. If one party disagrees with the divorce or will not participate in the process, the divorce will be granted despite their wishes. Oklahoma will never allow someone to be “trapped” in a marriage they wish to leave.
A judge can also grant a divorce based on one of many fault grounds that the state considers applicable to end a marriage. Those fault grounds are:
- Abandonment for one year
- Adultery
- Impotence
- If the wife was pregnant by another man, unbeknownst to the husband, at the time of marriage
- Extreme cruelty
- Fraudulent contract
- Habitual drunkenness
- Gross negligence of duty
- Imprisonment
- If a divorce decree is granted in another state
- If one spouse is institutionalized for reasons of insanity.
Contested Vs. Uncontested
A divorce can be either contested or uncontested. An uncontested divorce means both sides agree with all of the conditions of the divorce. These conditions include property division, debt division, child custody, child support, parenting schedules, and alimony. If the parties cannot agree, the divorce is considered contested and a judge will make the final decisions concerning all issues.
If you are considering divorce, call Outhier & Caruthers, PLLC, today at 580-234-6600. Let us answer your questions and help you prepare for a brighter future.
