The State of Oklahoma has 12 “grounds” for divorce:

  1. Abandonment for one (1) year;
  2. Adultery;
  3. Impotency;
  4. When the wife, at the time of her marriage, was pregnant by someone other than her husband;
  5. Extreme cruelty;
  6. Fraudulent contract;
  7. Incompatibility;
  8. Habitual drunkenness;
  9. Gross neglect of duty;
  1. Imprisonment of the other party in a State or Federal penal institution, under sentence thereto, for the commission of a felony
    2.                  at the time the petition is filed.
  2. The procurement of a final divorce decree without this State, (Oklahoma) by a husband and wife which does not, in State,
    3.                  release the other party from the obligations of the marriage; and
  3. 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
    4.                  of Oklahoma, or an inmate 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; provided, that no divorce shall be granted because of insanity until after a thorough
                     examination of such insane person by three physicians to be appointed by the Court before whom the action is pending,
                     any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a
                     poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose
                     husband or wife is an inmate of a state institution in any other than the State of Oklahoma for at least five (5) years prior to the
                     commencement of an action; that to an and provided further, that a decree granted on this ground shall not relieve the
                     successful party from contributing to the support and maintenance of the defendant. The court shall appoint a guardian ad
                     litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is
                     entered.
The most common ground is “incompatibility”. With incompatibility it is unnecessary to prove extreme cruelty, adultery, etc., in order to obtain a divorce.
 
The usual procedure is to show the Court that the marriage is insupportable because of conflicts that have become so great that there is no reasonable expectation of reconciliation between the parties. Incompatibility does not have to be agreed to by both parties; i.e., your spouse cannot prevent your obtaining a divorce. Likewise, if your spouse has alleged incompatibility you cannot prevent him/her from ultimately obtaining a divorce.  We will discuss grounds with you during our first appointment. It may be appropriate to allege more than one ground.
GROUNDS FOR DIVORCE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.