Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in Oklahoma. These defenses are defined by the Oklahoma Statutes, which dictate the processes for the legal dissolution of a marriage. The most common defense to a divorce action is that the marriage was not valid. This is often the case when one or both spouses are underage, when the marriage was performed without a license, when individuals are too closely related, or when there is an existing legal marriage that the parties did not dissolve. Another defense is that there was no fault or marital misconduct that occurred. In Oklahoma, most divorces are ‘no-fault’ in that the court only needs to decide that the spouses can no longer live together in order to grant a divorce. If one spouse is able to prove that the other was not at fault, the divorce may be denied. The third defense is that there was fraud in obtaining the marriage. If either spouse can prove that he or she was forced to marry through fraudulent means, the court may deny the divorce. Finally, if an individual can prove that the divorce would cause undue financial or emotional hardship on him or her, the court may deny the divorce. This is a very difficult defense to prove, however, since the court must be sure that the hardship is greater than the hardship caused by continuing the marriage.

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