Full question:
I am married and I live in Oklahoma. This is the second year of our marriage. My husband is insane. Is it possible to file a divorce under the ground of insanity?
- Category: Divorce
- Date:
- State: Oklahoma
Answer:
In Oklahoma, you can file for divorce on the grounds of insanity. However, this is only applicable if your spouse has a severe mental illness, has been in a mental health facility for five years, and has been declared incurably insane by three physicians.
According to Oklahoma law (43 Okl. St. § 101), a divorce can be granted for several reasons, including:
- Extreme cruelty
- Incompatibility
- Gross neglect of duty
- Insanity for a period of five years, with specific conditions regarding the mental health facility and prognosis for recovery.
For a divorce based on insanity, the following must be established:
- Your spouse must have been an inmate of a state institution for the insane in Oklahoma or another state for five years.
- They must be diagnosed with a type of insanity that has a poor prognosis for recovery.
- Three physicians must examine your spouse, including a superintendent from the facility, and agree on their condition.
Additionally, if your spouse is in an institution outside of Oklahoma, you must have lived in Oklahoma for at least five years before filing for divorce. Even if you are granted a divorce on these grounds, you may still be required to support your spouse. The court will appoint a guardian ad litem to represent the interests of the insane spouse before any decree is entered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.