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Am I entitled to equal property division after a divorce granted on equal fault?

Am I entitled to equal property division after a divorce granted on equal fault?

Q: Can you divorce due to incompatibility?

Yes, incompatibility is a recognized ground for divorce in Oklahoma. It allows either spouse to file for divorce without needing to prove fault. The court will grant the divorce if it finds that the marriage is irretrievably broken due to the incompatibility of the parties.

Q: Is dissolution of marriage the same as divorce in Oklahoma?

Yes, in Oklahoma, 'dissolution of marriage' is the legal term used for divorce. It refers to the court process of ending a marriage and addressing related issues such as property division, child custody, and support obligations.

Q: Is incompatibility grounds for divorce?

Yes, incompatibility is a valid ground for divorce in Oklahoma. It means that the spouses have differences that make it impossible to continue the marriage. This ground allows for a more straightforward divorce process, as it does not require proof of wrongdoing by either party.

Full question:

I live in Oklahoma. The court granted me dissolution of marriage based on incompatibility. Am I entitled to get an equal division of the property, if the divorce has been granted on the equal fault of the parties?

Category: Divorce
Date: 04/07/2025
State: Oklahoma

Answer:

In Oklahoma, when a court grants a divorce based on incompatibility, it considers how property was acquired and whether it is owned by one or both parties. According to 43 Okl. St. § 108, a divorce can be granted even if both parties are at fault. In such cases, the court can make equitable decisions regarding property division, taking into account what is fair and just based on the circumstances of property acquisition.

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.

FAQs

On what grounds can a judge refuse a divorce?

A judge may refuse a divorce if there are procedural issues, such as lack of jurisdiction or failure to meet residency requirements. Additionally, if one party does not consent to the divorce and there are no grounds for it, the judge may deny the request. In Oklahoma, a judge typically grants a divorce if there is sufficient evidence of grounds like incompatibility, but they can refuse if legal standards are not met.

What is the division of assets in a divorce in Oklahoma?

In Oklahoma, assets are divided based on the principle of equitable distribution. This means the court aims for a fair division, considering factors like the length of the marriage, the contribution of each spouse, and the economic circumstances of both parties. Property acquired during the marriage is generally subject to division, while separate property remains with the original owner.

What happens to your money when you get divorced?

During a divorce, marital assets, including money, are subject to division. The court will assess the total value of assets and liabilities to determine how to fairly allocate them. This can include bank accounts, investments, and debts. Each spouse may retain their separate property, but marital property is divided based on equitable distribution principles.