Law Blog


A Review of Divorce Grounds in Oklahoma

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Divorce cases require the petitioner to identify divorce grounds that show why they want to get a divorce. If the petitioner doesn’t wish to use fault-based grounds they can claim irreconcilable differences or irretrievable breakdown. With fault-based divorce grounds, they will be required to present evidence to the court.

Your Spouse Is Guilty of Adultery

Adultery indicates that a spouse had sexual relations with another person who wasn’t their spouse. To use the divorce grounds in a divorce case, the petitioner must have evidence of the affair. The evidence must be phone records, video footage, or photographs that show signs of a romantic relationship. Text messages and emails are also admissible in family law proceedings.

Addiction or Habitual Drunkenness

If a spouse is addicted to controlled substances or alcohol, a petitioner must present evidence of the addiction. To use the divorce grounds, the petitioner must move or require their spouse to leave the marital home. They cannot cohabitate as this is an indicator of acceptance of the behaviour. Failed drug tests administered by an employer or court officer or criminal charges for a DUI could present evidence of addiction for the family court.

Extreme Cruelty and Domestic Violence

Extreme cruelty or domestic violence is another divorce ground that is accepted in Oklahoma. The petitioner must have evidence of physical assault such as police records that show where the victim reported their spouse for abuse. If the victim needs protection against their spouse, the family court can issue a protection order.

If the victim is in extreme danger, the court can relocate them to a safe house or abuse shelter, and their whereabouts will not be reported in the court records. Victims of domestic violence or abuse can get help by visiting now.

Incarceration or Admission into Mental Health Facility

An individual can file for a divorce if their spouse has been convicted of a felony, and they can start the proceedings immediately following their spouse’s sentencing hearing. If their spouse was convicted of a crime against a child, it is also possible for the petitioner to get sole custody or terminate their spouse’s parental rights.

If a spouse is admitted into a mental health facility for a period of at least 5 years, the medical records must show that the patient has been diagnosed with incurable insanity. The spouse cannot file for a divorce if the patient’s condition is temporary or will improve with treatment with medication.

They cannot use a mental health-based divorce ground without clear evidence of insanity and orders from a doctor or the court that shows the patient will need to be in the facility for at least 5 years from the date of the divorce.

Divorces require the petitioner to identify why they want to get a divorce. It is necessary for them to choose either fault-based or no-fault divorce grounds. The petitioners have several options for fault-based divorce grounds, but they must have evidentiary support for their allegations. Divorce petitioners can find out more about divorce cases by contacting an attorney now.