Wagoner Lawyer Blog 1 Posts Tagged 'grounds for divorce in Wagoner Oklahoma'


  • Wagoner County Family Law: What Are the Grounds for Divorce?

    Oklahoma has followed the trend that most states have taken in instituting a no-fault system for divorces within the state. Before, all divorces had to allege and prove a recognized legal fault as the grounds for divorce.

    This meant that spouses seeking divorce had to allege that the other spouse had done something wrong. Making couples allege and prove fault such as adultery made an already difficult situation much worse. Now, you no longer have to allege fault. Instead, you can allege “irreconcilable differences” or “irreconcilable incompatibility” as the grounds for divorce.

    The at-fault grounds are still on the books in Oklahoma and can be used as the grounds for divorce (Okla. Stat. tit. 43 § 101). They can be alleged in either the petition or the responsive pleading by the other spouse.

    Before alleging fault, you should know that you will need to prove the allegation you are making. That means introducing witnesses and other evidence. That also usually means a trial, and that is expensive.

    Most of the time, it is better to allege irreconcilable differences and get the divorce done quickly and easily. It is better for your wallet and your peace of mind. Your Wagoner divorce attorney can help you understand what might be best for you and your circumstances.