Why Fault Still Matters Even in Oklahoma’s No-Fault Divorce Process
Oklahoma is known for its no-fault divorce system, which means that a spouse does not need to prove wrongdoing like adultery or cruelty to get a divorce. Instead, the most common ground for divorce is “incompatibility,” which simply means the couple cannot get along well enough to continue the marriage. This makes the divorce process more straightforward and less about blaming one party.
However, fault allegations—claims that one spouse engaged in misconduct such as abandonment, adultery, or extreme cruelty—still exist under Oklahoma law. While these fault grounds may not be necessary to obtain a divorce, they can influence other aspects of the case, such as property division or child custody, and potentially affect negotiations during the process. Understanding how fault interacts with Oklahoma’s no-fault system is important for anyone going through a divorce. An experienced Oklahoma attorney can explain how these issues apply to your specific situation.
Fault vs. No-Fault: What Oklahoma Law Says
Oklahoma law allows for divorce based on “incompatibility,” which requires showing a continuous and deep discord affecting the marriage’s intimate life. This ground does not depend on proving fault or misconduct by either spouse. In fact, once one spouse alleges incompatibility, the court generally grants the divorce on that ground regardless of the other spouse’s position. Okla. Stat. tit. 43 § 102.
Fault-based grounds for divorce still exist under. Okla. Stat. tit. 43 § 101. These include specific reasons such as abandonment for one year, adultery, extreme cruelty, habitual drunkenness, and imprisonment. These grounds require proof of the misconduct. However, fault is no longer a basis for awarding alimony. Okla. Stat. tit. 43 §§ 1276, 1278, reflecting the state’s move toward a more neutral divorce process.
When Fault Allegations Become Relevant
Even though Oklahoma’s divorce system is primarily no-fault, fault allegations can still impact the case. For example, proving fault like extreme cruelty or habitual drunkenness may influence custody decisions or the division of property located within Oklahoma. But if one spouse lives outside Oklahoma and the court lacks personal jurisdiction over them, the court cannot impose financial obligations or divide property outside the state. Okla. Stat. tit. 43 § 102.
It is important to remember that Oklahoma courts will not grant a divorce based on incompatibility if the allegation is fraudulent. For instance, if spouses allege incompatibility but plan to live together again, this can be considered fraud and may affect the validity of the divorce. Vandervort v. Vandervort, 2006 OK CIV APP 34.
If you face complex issues involving fault allegations during divorce, consulting a knowledgeable divorce attorney can help you understand the potential consequences and protect your interests.
How Fault Can Affect Property and Custody Orders
While incompatibility alone is sufficient to end a marriage, fault can sometimes affect other orders the court makes. For example, if a spouse is proven to have abandoned the marriage or engaged in extreme cruelty, this might influence the court’s decisions regarding child custody or the division of marital property that is within Oklahoma’s jurisdiction.
However, the court’s power to make financial orders like maintenance or child support depends on personal jurisdiction. If the other spouse is not an Oklahoma resident and has not submitted to the court’s jurisdiction, the court can only divide property located in Oklahoma but cannot order personal financial support. Okla. Stat. tit. 43 § 102.
Contact an Oklahoma Attorney Today
Divorce can be a confusing and emotional process, especially when fault allegations come into play alongside Oklahoma’s no-fault system. The Wirth Law Office – Bartlesville can provide clear guidance tailored to your circumstances. If you need legal help, call Wirth Law Office – Bartlesville at 918-213-0950 to discuss your options and develop a strategy that protects your rights.
