COMMON DIVORCE QUESTIONS IN OKLAHOMA

What Are the Grounds for Divorce in Oklahoma?

Oklahoma divorce laws permit divorces based on several grounds, including:

1. Abandonment for one year;
2. Adultery;
3. Impotence;
4. When a wife at the time of marriage is pregnant with someone other than her husband;
5. Extreme cruelty;
6. Fraudulent contract;
7. Habitual drunkenness;
8. Gross neglect of duty;
9. Imprisonment for the commission of a felony;
10. Insanity for a period of five years; and/or
11. Incompatibility of the parties.

Residency Requirements for Divorce in Oklahoma City, Oklahoma

Oklahoma divorce laws require that a party and/or their spouse be a resident of the state for a minimum of six months immediately prior to the filing of the petition for divorce.

Venue in Oklahoma City, Oklahoma

You may file your petition in the county where you live as long as you have been a resident of that county for at least thirty days. Another option is to file in the county where your spouse resides.

Name of Court and Title of Action/Parties in Oklahoma City, Oklahoma

The spouse who files the action is called the Plaintiff, whereas the other spouse is called the Defendant. Actions for divorce in the State of Oklahoma are filed in the District Court. The Petition for Divorce is the action that begins the divorce, and the Decree of Divorce is the final action.

Legal Separation in Oklahoma City, Oklahoma

Oklahoma divorce laws permit a spouse to bring an action for alimony against the other spouse without filing for a divorce. The grounds and requirements for legal separation are the same as for a contested divorce.

Waiting Period in Oklahoma City, Oklahoma

If a party has minor children, they have to wait 90 days from the date until the decree is issued.

In addition, a party must wait six months from the date of the decree before they are allowed to remarry (unless a party wants to remarry the person they just divorced) or even to cohabit with another person who is not your ex.

Any person who violates this provision could be found guilty of bigamy and may be imprisoned for a term of not less than one year and not more than three years in the State Penitentiary.

Alimony (also known as Spousal Support) in Oklahoma City, Oklahoma

Either spouse may be awarded alimony out of the real and personal property of the other spouse either as a lump sum or in installments. Payments end when the alimony recipient dies, remarries, or voluntarily moves in with a member of the opposite sex.

Distribution of Property in Oklahoma County, Oklahoma

Oklahoma is an equitable distribution state. This means that the court will divide the marital property of the parties in an equitable manner. The court may divide the property in kind, or by setting aside the property to one party and requiring the other party to be reimbursed.

Child Custody in Oklahoma City, Oklahoma

Oklahoma courts will decide the issue of custody based on the best interests of the child. Custody may be granted to either parent or both parents jointly.

When awarding custody, the court considers various factors, including which parent is more likely to allow the child frequent and continuing contact with the other parent. The gender of the parties is not a consideration factor in determining custody of the child.

If either or both parents have requested joint custody, the party shall submit to court-mandated parenting plans detailing arrangements for child care. Such plans shall generally have provisions relating to the medical and dental care of the child, school placement, and physical living arrangements for the child, child support obligations, and visitation arrangements.

In determining custody, the child may express a preference, but the court’s decision is not bound by the wishes of the child.

Oklahoma law allows courts to order one or both parents to attend an educational program designed to teach the parties how to help the children cope with the divorce. The court may also order individual counsel as they deem fit.

Child Support in Oklahoma City, Oklahoma

The Oklahoma legislature has established child support guidelines, which establish the presumptively correct amount of child support. Deviation from the guidelines requires a specific finding by the court that the application of the guidelines would be unjust or inappropriate and such findings must be included in the judgment.

Child support orders may be modified upon a showing of a material change in the circumstances of the parties.

Name Change in Oklahoma City, Oklahoma

When a divorce is granted, the court may restore the wife to her maiden or former name if she so desires.