You Can File a Petition That There Is No Need for a Divorce
Video Transcribed: Can I oppose a divorce in the state of Oklahoma? I’m a lawyer in Tulsa. My name is James Wirth. And that’s the question: Can you oppose a divorce?
So in this scenario sounds like your spouse has filed a petition to dissolve the marriage, a petition for dissolution of marriage, or a divorce petition with the court has been served on you. And the question is, can I oppose that? And the answer is, technically, yes. Practically, no.
You can file an answer. You can file a counterclaim. The answer you can allege is that there is no fault in divorce present here, and there is no irreconcilable incompatibility. But practically speaking, that case is going to move forward. And if either party is saying that the marriage is damaged beyond repair, then it’s very likely the court will grant that divorce.
So you can technically oppose it by pleading against it and denying it in the papers by not seeking a divorce on your own. But if the other side wants to move that case forward, they can push it forward.
And when they go to trial, they testify that the marriage is damaged beyond repair, even if you say, “No, it’s not, I’m willing to do counseling, willing to do all these things.” It’s likely, highly likely; the court is going to say, “You know what, the one party said, it’s damaged beyond repair. We’re going to find it that way. And we’re going to dissolve this marriage.”
Hopefully, that answers your question. But for any of these general questions related to family law in Oklahoma, you’ll want general information to be taken with a little bit of a grain of salt because your specific circumstances could change things.
So you’re going to want to talk to a Tulsa divorce attorney to get legal advice, and to do that, you got to talk privately and confidentially. To get that scheduled with somebody at my office, you can go to makelaweasy.com.