A new bill seeks to put an end to “incompatibility” as a ground for divorce in Oklahoma.
Incompatibility is one of eleven reasons for divorce granted by state law, and the only one that isn’t fault-based.
The incompatibility reason allows couples to file for divorce together, preparing a joint affidavit to prove that the marriage has irretrievably broken down. All the other lawful grounds for divorce require people to file a divorce petition giving evidence that their spouse is at fault and responsible for the breakdown of the marriage.
House Bill 1277, filed by Republican Travis Dunlap, passed the committee stage of proceedings 7-5 this Tuesday. The "Fairness in Fault Act," would prevent couples from filing for divorce based on incompatibility if their children were still minors, if they have been married for over ten years, or if one party contested the divorce.
As well as restricting access to no-fault proceedings, the proposed legislation would impose penalties on the party deemed responsible for the marital breakdown in fault-based divorce proceedings. The party at fault would be forced to pay for all of the other side’s legal costs and they would not be able to receive more than a quarter of the marital property.
House Bill 1257, another bill filed by Dunlap in a bid to lower Oklahoma’s divorce rates, would abolish common law marriages. Under current law common law marriages can offer legal protections to long-term cohabiting couples in Oklahoma. Despite prevailing myths, there are no common law marriages in England and Wales. If successful, it would be effective from the first of January 2018.
The proposed legislation might broadly be seen as backwards step in the US, where no-fault divorce was introduced in 1970. New York’s 2010 no fault law made no-fault divorces available in every state and in 17 US states and the District of Columbia, you can only file for divorce on no-fault grounds.
The news has come on a week when no-fault divorce has been a talking point in the UK press. A recent contested divorce case awaiting judgment in the Court of Appeal turned the spotlight onto grounds for divorce in the UK. Vardags has been publicly calling for no-fault divorce to be brought to the UK.
The only ground for divorce in English law is irretrievable breakdown, but it has to be evidenced by one of five facts: adultery, unreasonable behaviour, two years separation with consent, five years seperation, or desertion.
Vardags’ team of top divorce lawyers delivers bespoke legal services top HNW and UHNW individuals, their families and businesses. Learn more from Vardags’ divorce guides.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe an employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.