What are the Grounds for Divorce, Hiring a Divorce Lawyer?
- Meason & Morris Law
- Mar 4
- 4 min read
Divorce is a big decision, and understanding the legal grounds for divorce in Oklahoma is crucial. If you're thinking about ending your marriage, consulting an experienced divorce lawyer can help you understand your rights and options. This blog explains the different grounds for divorce in Oklahoma and how they may affect your case.
No-Fault vs. Fault-Based Divorce in Oklahoma
Oklahoma allows both no-fault and fault-based divorces. The type of divorce you choose can impact the process and outcome of your case.
A no-fault divorce is the simplest option. Neither spouse has to prove wrongdoing. Instead, they can state that the marriage is irretrievably broken due to "incompatibility."
A fault-based divorce requires proof that one spouse's actions caused the marriage to fail. In such cases, hiring a skilled divorce lawyer can help gather and present evidence.
Legal Grounds for Divorce in Oklahoma
Oklahoma law recognizes several fault-based grounds for divorce, including:
Abandonment – If a spouse leaves for at least one year with no intention of returning, the other spouse can file for divorce.
Adultery – Infidelity can be cited as a reason for divorce, but proof is required.
Impotency – If a spouse is physically unable to have marital relations and this condition existed before marriage, it can be grounds for divorce.
Extreme Cruelty – Physical, emotional, or psychological abuse can justify a divorce and must be proven in court.
Fraudulent Contract – If one spouse misled the other before marriage about important facts, this can be grounds for divorce.
Habitual Drunkenness – A spouse’s ongoing substance abuse that harms the marriage can be a valid reason for divorce.
Gross Neglect of Duty – If a spouse refuses to provide for the family or fulfill marital responsibilities, the other may seek divorce.
Felony Conviction – If a spouse is convicted of a felony and sentenced to prison, the other spouse may file for divorce.
Insanity – If one spouse has been declared insane for at least five years and remains institutionalized, the other spouse may file for divorce.
How Do Divorce Grounds Affect the Legal Process?
The reason for your divorce can impact key aspects of your case, including property division, alimony, and child custody.
Property Division: Oklahoma follows equitable distribution, meaning assets are divided fairly, though not always equally. If one spouse committed adultery or financial misconduct, the other may receive a larger share.
Spousal Support (Alimony): If a spouse is at fault due to cruelty, abandonment, or other reasons, the court may award financial support to the other spouse.
Child Custody: Custody decisions prioritize the child's best interests. If a parent has a history of neglect or addiction, their custody rights may be limited.
Proving Fault in a Divorce Case
Fault-based divorces require strong evidence. A divorce lawyer can help gather witness testimonies, police reports, financial records, or other proof. Because proving fault can be difficult, many couples choose a no-fault divorce instead.
Why Hire a Divorce Lawyer?
Going through a divorce can be an emotional and legal challenge, but hiring a knowledgeable divorce lawyer can significantly ease the process. A divorce lawyer is trained to navigate the legal system, ensuring you understand your rights and obligations while advocating for your best interests. Divorce cases involve complex paperwork, deadlines, and legal nuances that can be overwhelming without professional guidance. An experienced lawyer helps streamline the process, minimizing errors and delays that could negatively impact your case.
One of the most critical roles a divorce lawyer plays is explaining your legal rights and options. Every divorce case is unique, and an attorney can assess your specific situation to determine the best course of action. They can help you decide whether to pursue a fault-based or no-fault divorce, depending on your circumstances. If your spouse’s misconduct has led to the breakdown of your marriage, a lawyer can advise whether proving fault would benefit you in property division, alimony, or child custody arrangements.
For those filing a fault-based divorce, a lawyer is essential in gathering and presenting evidence. This might include witness statements, financial records, or police reports to establish grounds such as adultery, abandonment, or abuse. Properly documenting evidence can strengthen your case and improve the chances of a favorable outcome in court. Without legal representation, proving fault can be extremely challenging, and insufficient evidence could lead to delays or dismissal of claims.
Additionally, a divorce lawyer represents you in negotiations and court proceedings. Many divorces are settled outside of court through mediation or negotiation, and having legal representation ensures that your interests are protected. If you and your spouse cannot agree on key issues, such as asset division or child custody, your lawyer will advocate for you in court, presenting your case effectively before a judge. Without professional legal support, you may be at a disadvantage when negotiating with your spouse or their attorney.
Beyond legal representation, hiring a divorce lawyer provides emotional support and guidance throughout the process. Divorce can be an overwhelming experience, and having an attorney manage the legal aspects allows you to focus on your well-being and future. Instead of navigating the legal system alone, a lawyer provides clarity, reassurance, and strategic planning to help you achieve the best possible outcome.
Conclusion
Knowing the legal grounds for divorce in Oklahoma can help you make informed decisions about your future. Whether you're filing for a fault-based or no-fault divorce, working with an experienced divorce lawyer can provide the guidance and legal protection you need. If you're considering divorce, contact Meason & Morris Law today for expert legal support.
Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.
Meason & Morris Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300
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