Oklahoma No Fault Divorce

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Several states permit a separation on the basis of faults or complaints reported by either of two spouses. However, few states also grant a no fault divorces in special situations. The condition where even if one of the partners is reluctant to accept the divorce, still it is possible to dissolute the marriage on legal basis. It is possible to legally dissolve the marriage, even if one of the partners is not ready to get divorce Similarly a no fault divorce can also be obtained where only one spouse is in favor of getting divorce from their respective partner. The Oklahoma state laws emphasizes that unhappy partners cannot be coerced to continue marital life. Therefore, such spouses are allowed to file a Oklahoma no fault divorce on the basis of valid grounds.

Grounds for Oklahoma No Fault Divorce

In order to get no fault divorce in Oklahoma, appropriate grounds should be positively mentioned in the state. Therefore, if either of two partners state that the marriage is irretrievably broken down due to incompatibility, then divorce is easily granted to the concerned spouses.

Residency requirements for Oklahoma No Fault Divorce

The residency criterion is the prime requirement before filing any divorce case in this state. Some of the crucial conditions are:

• One of the divorcing partners must have resided in the state for at least six months before the date of filing.
• The county in which the divorcing partner is currently residing, or wherein a person has been staying for the past thirty days is selected as the venue for filing the divorce action.

Points to note

• The Petitioner files the divorce papers in the court and then serves it to the Respondent by hand-delivery or mail.
• In uncontested cases, a formal service by Sheriff or the process server is not essential. This is because such cases are mainly filed by the consent of either of two spouses.
• Once the service is complete, the Respondent puts down his or her signature on a form where it is mentioned that the Respondent has been served the papers. This form is then filed in the court. On the other hand, if the Respondent does not agree with all the statements or terms specified by the petitioner, then they can simply ask for re-evaluation of the served divorce papers.
• If the divorce case does not involve any minor children, there is a waiting period of ten days. When this waiting period is complete, the divorce can be finalized.
• If the divorce case involves minor children, there is a waiting period of ninety days. This means that after filing the divorce petition, if this waiting period of ninety days have crossed, then it is considered that neither of two parties have any objection. Hence, the divorce can be finalized.
• The finalization of uncontested divorces takes place during a hearing. In course of this hearing, sometimes the uncontested divorce may be granted.
• Most courts in this state have made it compulsory for the divorcing couples with minor children to undergo an educational course that focuses on meeting some essential aspects associated with the children. This includes, drafting adequate parenting plan, visitation schedule etc. At the same time, various consequences of divorce are also discussed during such programs.

History

Oklahoma was the first state in the United States to accept a no fault divorces in 1953. Further, in 1970, Ronald Reagan, the Governor of California, introduced no fault divorce in this state. The other states in the country followed the trend initiated by these two states.

Property Distribution The Oklahoma State only follows the fact that marital property would be divided equitably between divorcing partners. As per the state law, separate property would be handed over to the owner. The following type of property is classified as separate property:

• Money and property earned by the partner or owned by the partner before the marriage
• Property that is inherited from the family
• Property that is gifted to a particular partner before the marriage
• Property bought by a partner after filing for divorce or after legal separation between both the divorcing spouses

Under some conditions, separate property is considered as marital property. For example, when separate property is mingled with marital property. On the other hand, if the marital expenses are utilized for the maintenance of any separate property then such separate property may be included in marital property category.

The Oklahoma no fault divorce process considers various crucial aspects before permitting the spouses to get legally separated from each other.

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