New Bill Makes No-Fault Divorce Harder To Obtain In Oklahoma
Apr 3, 2018
Summary: A new bill would make it more difficult to obtain a no-fault divorce in the state of Oklahoma. Currently, Oklahoma allows for divorce based on no-fault or fault-based grounds.
Oklahoma City, United States - April 3, 2018 /PressCable/ —
Oklahoma has the third-highest divorce rate in the country, according to one study. State Rep. Travis Dunlap (R-Bartlesville) feels part of the problem is that divorce is too easy to obtain in the Sooner State. So, his proposed House Bill 1277 would eliminate the no-fault option if one spouse objected to the divorce, the couple had a minor child, or the marriage had lasted more than ten years. The Judiciary-Civil and Environmental Committee narrowly approved the bill, but only after making some changes. Now, couples in the prohibited categories can still obtain a no-fault divorce after they complete a divorce education class.
H.B. 1277 contains some other changes as well. It also requires each spouse to pay his/her own legal fees, in most cases. Furthermore, if the judge finds that one spouse caused the divorce, the at-fault spouse is limited to a one-quarter share of the couple’s marital property.
“Oklahoma was the first state in the country to pass a no-fault divorce law,” explained Oklahoma City divorce attorney Phillip Owens. “The law was very important for women’s rights. Before then, divorce was very difficult to obtain, and it was a very arduous process. While it’s usually a good thing for families to stay together, that’s not always the case. Hopefully, the Legislature will take a long look at this measure before it waters down the no-fault law.”
How to Get a Divorce in Oklahoma
“Incompatibility” is the most common basis for divorce in Oklahoma. To file, the petitioner (requesting party) must have been a resident of Oklahoma for at least six months and a resident of the county of filing for thirty days. There is some leeway, but most judges require six consecutive months and thirty consecutive days.
After the no-fault petition is filed, there is a 90-day waiting period before the divorce can become final.
Oklahoma is one of the few states that still permits evidence-based divorces. Some people pursue this route because they want or need a finding of fault or they cannot wait ninety days. If H.B. 1277 goes into effect, a finding of fault would also dramatically affect the property division. The evidence-based grounds for divorce in Oklahoma are:
Adultery,
Abandonment of at least one year,
Impotency,
Cruelty,
Illegitimate pregnancy (the wife was pregnant at the time of marriage and her husband was not the father),
Fraud,
Felony incarceration, or
Insanity for at least five years.
There are a number of common-law defenses to these grounds for divorce. Condonation is one of the most common ones. If Husband commits adultery or some other fault, Wife learns about it, and Wife agrees to resume the marriage, Wife cannot later file for divorce on grounds of adultery.
Contact Info:
Name: Phil Owens
Organization: Owens Law Office PC
Address: 6907 NW 122nd Street, Oklahoma City, OK 73120, United States
Phone: +1-405-608-0708
For more information, please visit http://owenslawofficepc.com/
Source: PressCable
Release ID: 323903
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