Oklahoma § 43-101 - Grounds for divorce

§ 43-101. Grounds for divorce

The district court may grant a divorce for any of the following

causes:

First. Abandonment for one (1) year.

Second. Adultery.

Third. Impotency.

Fourth. When the wife at the time of her marriage was pregnant

by another than her husband.

Fifth. Extreme cruelty.

Sixth. Fraudulent contract.

Seventh. Incompatibility. Provided, however, where the

interest of a child under eighteen (18) years of age is involved,

the adult parties shall attend an educational program concerning the

impact of divorce on children as provided in subsection B of Section

107.2 of this title.

Eighth. Habitual drunkenness.

Ninth. Gross neglect of duty.

Tenth. 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.

Eleventh. The procurement of a final divorce decree without

this state by a husband or wife which does not in this state release

the other party from the obligations of the marriage.

Twelfth. Insanity for a period of five (5) years, the insane

person having been an inmate of a state institution for the insane

in the State of Oklahoma, or inmate of a state institution for the

insane in some other state for such period, or of a private

sanitarium, and affected with a type of insanity with a poor

prognosis for recovery; provided, that no divorce shall be granted

because of insanity until after a thorough examination of such

insane person by three physicians, one of whom shall be a

superintendent of the hospital or sanitarium for the insane in which

the insane defendant is confined, and the other two to be appointed

by the court before whom the action is pending, and any two of such

physicians shall agree that such insane person, at the time the

petition in the divorce action is filed, has a poor prognosis for

recovery; provided, further, however, that no divorce shall be

granted on this ground to any person whose husband or wife is an

inmate of a state institution in any other than the State of

Oklahoma Statutes - Title 43. Marriage and Family

Oklahoma, unless the person applying for such divorce shall have

been a resident of the State of Oklahoma for at least five (5) years

prior to the commencement of an action; and provided further, that a

decree granted on this ground shall not relieve the successful party

from contributing to the support and maintenance of the defendant.

The court shall appoint a guardian ad litem to represent the insane

defendant, which appointment shall be made at least ten (10) days

before any decree is entered.

R.L. 1910, § 4962. Amended by Laws 1947, p. 79, § 1, emerg. eff.

Feb. 24, 1947; Laws 1953, p. 59, § 1; Laws 1955, p. 141, § 1, emerg.

eff. March 3, 1955. Renumbered from § 1271 of Title 12 by Laws

1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2014, c. 428,

§ 1, eff. Nov. 1, 2014.