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#757993 09/23/03 05:27 PM
Joined: Sep 2003
Posts: 1
K
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My stbx says he will not cooperate with the divorce once I have him served. He recently sent the OW packing and wants to reconcile. I'm done and want to move forward with my life. I'm very happy with someone else and going back to him would be like a step down. Does anybody know how long a divorce can be dragged out? We have no kids or assets. I live in Oklahoma. Thanks.

#757994 09/23/03 06:05 PM
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<small>[ September 23, 2003, 06:17 PM: Message edited by: Stephan ]</small>

#757995 09/23/03 06:15 PM
Joined: Mar 2000
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You don't need his cooperaton to get divorce. Check out some of the online sources like divorcesource.com. In my state if the other party doesn't respond to the divorce petition within the amount of time stipulated than than you would a get a default judgement meaning you would get your divroce and there is nothing the other party can do about it.

My STBX has made similar comments but he has no say in the matter.

<small>[ September 23, 2003, 06:16 PM: Message edited by: TMD ]</small>

#757996 09/23/03 07:43 PM
Joined: Jul 2003
Posts: 134
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I found this info on the net, hope it helps answer your questions.

Twelve "grounds" (legally sufficient reasons) for divorce are stated in the Oklahoma Statutes:

• abandonment for one year
• adultery
• impotency when wife at time of marriage is pregnant by another
• extreme cruelty
• fraudulent contract
• habitual drunkenness
• gross neglect of duty
• felony imprisonment when the divorce action is filed
• procurement of divorce not recognized in Oklahoma in another state
• insanity for a period of five years
• incompatibility

Since "incompatibility" became a ground for divorce in 1953, it has become the typical ground of choice. Although the Legislature did not define the term, Oklahoma appellate courts have filled the void by stating that incompatibility means the existence of such a conflict of personalities as to destroy the legitimate ends of marriage and the possibility of reconciliation, whatever that means.

In practical effect, it means this - if one spouse insists on ending the marriage, divorce will occur.

This is true even though, technically, divorce is not a matter of right under current law and it remains legally possible that a court might refuse to grant a divorce. Such a refusal is virtually unheard of in contemporary times. The practical truth is that courts are not requiring persons to remain married, if either marital partner does not want to be. A party who does not want to be divorced may be able to delay the entry of the divorce but cannot prevent its eventual occurrence. Even though that fact may be a difficult for a spouse to accept, it is reality just the same.

Objective Importance Top of Chapter

On paper, the legal reason for the failed marriage (incompatibility, extreme cruelty, adultery, etc.) has little, if anything, to do with resolving the practical issues of the case (property division, etc.). According to decisions of the Oklahoma Supreme Court, "fault" has nothing to do with division of the property and debt of the marriage; it should have nothing to do with determining child support; it should probably have nothing to do with support alimony issues (although some older Supreme Court decisions approved consideration of fault as an alimony factor); and, unless the fault has to do with a parenting trait, it should have nothing to do with child custody or visitation. For practical purposes, objective Oklahoma divorce law has effectively become "no-fault" in its orientation.

Subjective Importance Top of Chapter

Given the very substantial latitude of the trial judge in making decisions, and given the absence of objective standards for making most of those decisions, and given that a trial judge is, like the rest of us, possessed in some degree with biases and prejudices which may (or may not) influence his/her decisions, the practical effect of "fault" is less clear. Upon occasion a spouse or a lawyer will attempt to exploit any possible biases/prejudices by introducing a substantial amount of testimony concerning "fault," particularly in egregious fault situations. Trial courts typically deny that such evidence will have an effect upon the other decisions of the case. Usually, but not always, experience verifies the truth of such trial court disclaimers.

In the minds of clients, however, it may be different. "Outraged" spouses may be eager to display such evidence. "Guilty" ones may be fearful of it. Either spouse may strongly encourage his/her lawyer to make settlement and tactical decisions based upon his/her emotional position.

If the object of the legal representation is to obtain the best possible practical results for the client, it would be serious error for decisions to be overly influenced either by outrage or by guilt, regardless of how strongly either may be felt. For the client's benefit, it is especially important in these emotionally sensitive areas to listen to and be guided by the lawyer's counsel.


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