USA – OKLAHOMA Law and Practice Contributed by: Danya Bundy and Aaron Bundy, Bundy Law
1. Divorce 1.1 Grounds, Timeline, Service and Process Oklahoma is a divorce “fault” state. There are 12 statutory grounds for divorce: • abandonment for one year; • adultery; • impotency; • when the wife at the time of her marriage was pregnant by another than her husband; • extreme cruelty; • fraudulent contract; • incompatibility; • 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; • habitual drunkenness; • gross neglect of duty; • the procurement of a final divorce decree out - side the State of Olkahoma by a husband or wife, which does not in the State of Olkahoma release the other party from the obligations of the marriage; • insanity for a period of five years – the insane person having been: (a) an inmate of a state institution for the insane in the State of Oklahoma for such period; or (b) an inmate of a state institution for the in- sane in some other state for such period; or (c) an in-patient in a private sanitarium; and (d) affected with a type of insanity with a poor prognosis for recovery. The most common, least controversial ground for divorce is incompatibility. Incompatibility has been determined by Oklahoma’s appel - late courts to be a “mutual” fault concept that
describes the state of relations between both spouses. To obtain a divorce, a court proceeding must be commenced by petition, setting forth the statu - tory grounds and reason for the divorce. In cases where there are no minor children involved and there is a complete agreement memorialised in a divorce decree, there is no minimum separation period. The divorce may be granted promptly once the petition has been filed. In cases involv - ing minor children, there is a waiting period of 90 days. Courts have the power to waive the 90-day waiting period in special circumstances, but such a waiver is unusual. Divorce proceedings must be served in the same manner as other civil lawsuits. The divorce peti - tion must be accompanied by a summons and a notice of the automatic temporary injunction and served upon the respondent by certified mail (with return receipt requested and delivery restricted to the addressee), by commercial cou - rier, by a sheriff, or by personal service using a licensed process server who serves the papers upon the respondent or a person residing with the respondent who is over 15 years old. Service may be made by publication if the petitioner first demonstrates that, with due diligence, service could not be made by any other method. Service of process must be made within 180 days after the filing of the petition. Generally, each person must be at least 18 years old to marry. However, courts have the authority to permit minors to marry in certain circumstanc - es, including in the event of pregnancy or with parental consent. Oklahoma recognises com - mon law marriage, which – broadly defined – means that both parties are competent to marry and agree to be married to one another. There is no ceremonial or licence requirement for com -
465 CHAMBERS.COM
Powered by FlippingBook