Do I Need Grounds for a Divorce in Muskogee, Oklahoma?

In order to obtain a divorce in Muskogee, Oklahoma, your Petition for Divorce must state appropriate grounds for divorce.

Acceptable grounds for a divorce in Muskogee are listed in Oklahoma’s Family Code.

Grounds For Divorce in Muskogee

The allowed grounds for divorce in Oklahoma include:

1. Abandonment for one year or longer.
2. Adultery.
3. Impotency.
4. Wife impregnated by a man other than her husband.
5. Extreme cruelty.
6. Fraudulent contract.
7. Incompatibility. However, if children are involved, the parties must attend an educational program on the impact of divorce on children.
8. Habitual drunkenness.
9. Gross neglect of spousal duties.
10. Imprisonment in a state or federal institution for committing a felony at the time a divorce petition is filed.
11. Obtaining a divorce decree from another state that does not release you from divorce in the state of Oklahoma.
12. Insanity for five years or more.

Okla. Stat. tit. 43 § 101

The Petition for Divorce must state one of these grounds. The grounds stated must be that which the parties agree upon and can substantiate, if they are in agreement, or that which the filing spouse desires to prove.

Fault vs. No-Fault

Technically, Oklahoma is a “fault” state. All of the grounds listed in the statute, except that of incompatibility, are grounds that involve “fault.” That means that the filing spouse must prove that the other spouse is at fault, and that that fault is the reason that the marriage should be terminated.

These types of cases can be messy and emotionally fraught. Hence, most cases filed list incompatibility as the grounds for divorce.

Incompatibility is a no-fault ground for divorce in Muskogee. Incompatibility means that you and your spouse cannot get along enough to make the marriage work.

If alleged by a spouse and proven, a divorce may be granted even if the other spouse does not want a divorce.