In Oklahoma, abandonment is a legal divorce ground; however, the spouse must have abandoned the other for a period of one year prior to using this as a reason for the divorce.
If he has no intentions of returning, there is no reason to wait on the time period for abandonment when there are many other legal reasons for obtaining the divorce.
Here is a list of "reasons" for granting a divorce in Oklahoma:
No-Fault Divorce Grounds in Oklahoma
There is only one no-fault divorce ground in Oklahoma, on which no fault divorce is granted, which is:
Husband and wife both have the right to offer divorce, if they feel that they are incompatible and can't carry on with the marriage.
Fault Divorce Grounds in Oklahoma
Following are the fault divorce grounds in Oklahoma:
Abandonment for One Year
Abandonment by a spouse for one year or more is a valid fault divorce ground in Oklahoma. Divorce will be granted on this divorce ground by the court, if one of the spouses files for it.
Illicit relations with a paramour or adultery are grounds for divorce in Oklahoma. Adultery is the most common divorce ground in Oklahoma.
You can file a petition for divorce if your spouse is impotent. Impotency is a valid divorce ground in Oklahoma.
Oklahoma has a high percentage of divorces granted on cruel treatment grounds. Cruel treatment includes harassment and physical or verbal abuse.
Pregnancy before Marriage
If a woman is pregnant at the time of marriage by someone else other than the legal husband, her husband can file a petition for divorce on this divorce ground in Oklahoma.
If a spouse under the influence of drugs like, opium, morphine or cocaine harasses his/her spouse, his or her spouse can bail out by filing for divorce on this ground for divorce in Oklahoma.
According to this divorce ground in Oklahoma, "Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed."
If a person is a prisoner, and his/her spouse does not want to live with him/her, then s/he has the right to get divorce under this divorce ground in Oklahoma.
Permanent and Incurable Insanity
If a spouse is mad or have a mental breakdown which is declared incurable by a certified surgeon, this divorce ground in Oklahoma will help the injured party with bailing out.
Gross Neglect in Duties
Neglect of duties as a spouse is also a fault divorce ground in Oklahoma.
Fraudulent activities are strictly prohibited in Oklahoma. If a spouse misrepresents him or herself in front of his/her spouse, the victim spouse will be granted divorce under this ground for divorce in Oklahoma.
Even if you guys only divorce on incompatibility, that is still reason enough. To protect yourself in this matter, I would highly suggest going ahead and contacting a local attorney to begin drawing up the divorce documents.
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