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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
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What constitutes abandonment in a marriage in Oklahoma My

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What constitutes abandonment in a marriage in Oklahoma? My husband has left the home. He has been gone for 6 months and has no plans of moving back into the house. We own our home. He is making the mortgage payments and I am paying the household bills - electricity, phone, gas cable etc. I've asked if he wants to move back in and I'll move out or if he wants to sell the house and he says he wants things to remain "status quo". I don't know what my rights are in this situation. I don't want him to come back on me demanding thousands of dollars for house payments he's made.
Submitted: 6 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 6 years ago.

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:

Incompatibility

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.

Adultery

Illicit relations with a paramour or adultery are grounds for divorce in Oklahoma. Adultery is the most common divorce ground in Oklahoma.

Impotency

You can file a petition for divorce if your spouse is impotent. Impotency is a valid divorce ground in Oklahoma.

Extreme Cruelty

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.

Habitual drunkenness

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.

Imprisonment

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 Contract

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.

If you need more help on this question, let me know; otherwise, please don't forget to accept so that I may be compensated for my time.

Jennifer

Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience: Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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