Okla. Stat. tit. 43, § 43-101
This is the official text of Okla. Stat. tit. 43, § 43-101, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Grounds for divorce
Official statutory text
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 Page 19
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.
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 Page 19
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.
Status: in_force · Read it on the official government site
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