What are the grounds for divorce?

In Oklahoma, there are two grounds for divorce. The first is for incompatibility and the second is for fault. Incompatibility is a no-fault ground for divorce and is the most common basis in Oklahoma. It occurs when a couple’s marriage has broken down to an irretrievable state and the parties no longer wish to remain married. This means that there must be no hope of a reconciliation between the two parties and the marriage must have been broken down for a period of six months or more. Fault is an at-fault divorce ground that requires at least one spouse to be at fault for the breakdown of the marriage. In Oklahoma, some fault grounds include adultery, neglect, abuse, imprisonment, and addiction. If the court decides that the spouse is at fault, the spouse may be ordered to pay restitution and may be prohibited from receiving alimony or child support. Besides these two grounds, the court may also grant a divorce for other reasons such as separation of more than one year, abandonment for more than six months, or the mental incapacity of one spouse. The court will consider all the facts in each case and decide whether to grant a divorce. The court may also order mediation to assist the parties in reaching an agreement. The parties also have the option of negotiating an uncontested divorce, but should seek the advice of an attorney to ensure that all rights are protected.

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