Oklahoma Divorce Information and
FAQ
Oklahoma law permits divorces based upon several different causes.
Among the are: 1. Abandonment for one (1) year. 2. Adultery. 3. Impotence.
4. When wife at time of marriage is pregnant for 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 (5) years, and 11. the
"no-fault" ground of incompatibility of the parties. OSA 43-101
Residency requirements Oklahoma law requires that one of the spouses
must be a resident of the state for a minimum of six (6) months
immediately prior to the filing of the petition for divorce. OSA 43-102
Venue The petition may be filed in the county where the plaintiff has
been a resident for at least thirty (30) days, or where the defendant
resides. OSA 43-103 Name of court and title of action/parties Actions for
divorce in the State of Oklahoma are filed in the District Court. The name
of the action initiating the divorce is the Petition for Divorce, while
the title of the action granting the divorce is referred to as the Decree
of Divorce. The party who files the action is the Plaintiff, while the
other party to the action is the Defendant. OSA 43-101
Legal separation Oklahoma law permits a spouse to bring an action for
alimony against the other spouse without a divorce. The defenses to this
action are the same as for a divorce action. OSA 43-129
Waiting period In a divorce action involving minor children, the court
will not issue a decree of divorce until ninety (90) days have elapsed
from the date of the filing of the petition. In addition, it is unlawful
for a party to divorce action to remarry (except to each other) or cohabit
with another for six months from the date of decree. Any person who
violates this provision is guilty of bigamy and may be imprisoned for a
term of not less than one (1) year and not more than three (3) years in
the State Penitentiary. OSA 43-107.1, 43-123
Alimony Either spouse may be awarded alimony out of real and personal
property of the other spouse as the court deems reasonable. The court
shall make such award either in a lump sum or in installments, as it deems
reasonable and just. The obligation to pay alimony terminates upon the
death or remarriage of the recipient or upon the voluntary cohabitation of
the recipient with a member of the opposite sex. OSA 43-121 Distribution
of property Oklahoma is an equitable distribution state. This means that
the court will divide the marital property between the parties as it deems
equitable and just. The court may divide the property in kind, or by
setting aside the property to one party and requiring the other party to
be paid in such amount as may be fair and just to effect and equitable
division. OSA 43-121
Child custody Oklahoma courts will decide the issue of custody based
upon the best interests of the child. Custody may be granted to either
parent or to both parents jointly. When awarding custody, the court shall
consider which parent is more likely to allow the child frequent and
continuing contact with the other parent. Gender of the parties shall not
be a consideration in determining custody of the child. If either or both
parents have requested joint custody, the party so requesting shall submit
to the court parenting plans detailing the arrangements for the care of
the child. Such plans shall include provisions relating to the medical and
dental care of the child, school placement, physical living arrangements
for the child, child support obligations, and visitation rights. In
determining custody, the child may express his or her preference, although
the court shall not be bound by the preference expressed by the child. The
court may require the parties to a divorce involving minor children to
attend an educational program concerning the impact of divorce on children
and conflict resolution between parents. The court may also order
individual counseling, as it deems appropriate. OSA 43-112
Child support The Oklahoma legislature has established child support
guidelines which establish the presumptive correct amount of child
support. Deviation from the guidelines require a specific finding by the
court that 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 material change in circumstances of the
parties. A child shall be entitled to support until the child reaches
eighteen (18) years of age. OSA 43-112 Name change When a divorce is
granted, the court may restore the wife to her maiden or former name if
she so desires. OSA 43-121
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