In Oklahoma, divorce petitioners are permitted to use fault-based divorce grounds. The allegations identified in the divorce complaint must meet specific conditions as outlined in the law. Spouses who are filing to divorce a military member must follow additional guidelines. A local attorney provides details about fault-based divorce grounds and how they are used in divorce proceedings.
Claiming Adultery in a Divorce Case
A claim of adultery requires clear evidence of an extramarital affair. The evidence must show that the spouse had sexual relations with someone who wasn’t their spouse. If the defendant is in the military, the adultery claim is reported under Article 134. The petitioner must provide photographs of infidelity, an eyewitness account, or a clear confession from their spouse. The UCMJ determines if the military member is guilty of a crime when the adultery claim is filed.
Defining Extreme Cruelty or Domestic Violence
Extreme cruelty is defined by physical, mental, or emotional abuse. Acts of domestic violence are included in the divorce grounds. The petitioner must provide evidence of arrests for any form of physical abuse. A psychologist could testify about any conditions that resulted from emotional or mental abuse.
Abandoning the Spouse
Abandonment allegations are allowed if the spouse has left the marital home for at least one year. The petitioner must show evidence of their attempts to find their spouse when their whereabouts are unknown. If the spouse isn’t found, the petitioner must file a divorce through service by the public.
Mental Incapacity or Insanity
Under Oklahoma laws, the petitioner cannot use mental incapacity or insanity unless the condition has existed for at least five years. Their spouse must be admitted to a sanitarium, hospital for the insane, or another long-term care facility. The diagnosis must show that the defendant will not recover from the condition.
In Oklahoma, divorce petitioners must follow divorce laws when selecting a fault-based divorce ground. All allegations must be substantiated with proper evidence. Any petitioners who file against a military member must meet all provisions identified by the UCMJ. Petitioners who need to review the grounds more thoroughly can visit www.divorceattorneystulsa.net/ for more information now.