Sally Kern - Restrict Incompatibility As Ground For Divorce

by: TheOkie

Tue Jan 05, 2010 at 21:51:28 PM CST

STATE OF OKLAHOMA
2nd Session of the 52nd Legislature (2010)
HOUSE BILL 2279 By: Kern

AS INTRODUCED

An Act relating to marriage, amending 43 O.S. 2001, Section 101, which relates to grounds for divorce; restricting the use of incompatibility as a ground for divorce; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     43 O.S. 2001, Section 101, is amended to read as follows:

Section 101.  The district court may grant a divorce for any of the following causes:

First.  Abandonment for one (1) year.

Second.  Adultery.

Third.  Impotency.

Fourth.  When the wife at the time of her marriage, was pregnant by another than her husband.

Fifth.  Extreme cruelty.

Sixth.  Fraudulent contract.

Seventh.  Incompatibility.  Provided, however, that the court shall not grant a divorce on the ground of incompatibility if:
    1.  There are living minor children of the marriage;
    2.  The parties have been married ten (10) years or longer; or
    3.  Either party files a written objection to the granting of a divorce.

Eighth.  Habitual drunkenness.

Ninth.  Gross neglect of duty.

Tenth.  Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.

Eleventh.  The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

Twelfth.  Insanity for a period of five (5) years,...

SECTION 2.  This act shall become effective November 1, 2010.

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Basically Mrs. Kern wants to make No-Fault divorce obsolete. Otherwise, as she wrote the amended section, she must have believed the following:

1. She must have believed that two parents who hate each other and perhaps scream at each other every day is good for the kids.

2. Can't stand your spouse of eleven years anymore and want a divorce? Too bad. You'll have to go out and commit adultery or be imprisoned or be committed to a mental institution, etc. before your divorce can be granted.

3. Got an overbearing spouse who wants to control your every move? You want a divorce? Sorry, your spouse can write a letter and object to your petty attempt to control your own life.

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