Oklahoma divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Oklahoma divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
The District Courts in Oklahoma have jurisdiction over the Petitions for Divorce filed in the state. The state requires that petitioners be residents of the state for a minimum of 6 months.
Oklahoma Grounds for Divorce
Divorces can be filed in the state of Oklahoma on both no-fault and fault-based grounds.
Uncontested Divorce in Oklahoma
As in most states, an uncontested divorce in Oklahoma is one in which both parties agree on the elements of the settlement.
Contested Divorce in Oklahoma
Oklahoma residents who file a contested divorce have elements of the settlement, which they cannot agree on. These are much more complex actions, often requiring the advice of a divorce lawyer to process them.
Annulment in Oklahoma
An individual that is in an illegal marriage may end that relationship by means of an annulment, making the marriage null and void. The grounds by which such an action can be filed include:
- Mental incapacitation
- Underage marriage
- Fraud
- Incest
- Impotency
No Fault Divorce in Oklahoma
The only grounds for filing a no-fault divorce in Oklahoma are incompatibility.
Oklahoma Fault Divorce
The only means by which a petitioner can file for a fault-based divorce are the following grounds:
- Abandonment for 1 year or more
- Adultery
- Impotence
- A wife who is pregnant by another man without the husband knowing it at the time of the marriage
- Cruelty
- Fraud
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment for a felony conviction
- Insanity for 5 years or more
Oklahoma Divorce and Child Custody
Child Custody Laws
There are several means by which Oklahoma courts determine child custody orders:
- The best interests of the child
- Which parent is more likely to facilitate ongoing contact with the other parent
- Oklahoma courts do not, however, prefer a parent for custodial duties based on gender.
Child Alimony (Oklahoma Child Support)
The courts award the custodial parent in a divorce the responsibility of providing for the support and education of the child to the best of their ability. If necessary, the court will require the non-custodial parent to share in that responsibility, either with regular payments or a portion of their property. The court may also consider other factors:
- The parents’ income and means
- The parents’ property and assets
- Child support orders generally follow the state’s official child support guidelines unless a particular set of circumstances reveal them to be unjust or unreasonable.
- Parents in Oklahoma use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
Oklahoma Divorce Spousal Support
The courts in Oklahoma have great discretion in awarding spousal support in divorces proceedings. That support may be paid out of personal or real property, or in any means the court deems appropriate and reasonable.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Oklahoma
Spouses in the military are protected by Oklahoma law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Oklahoma Divorce Lawyer
There is a great deal of emphasis in Oklahoma divorce courts on the discretion of the court determining what kind of support is reasonable. However, if the court is not aware of all of the pertinent circumstances, they may not know what is reasonable in a particular case. That is why it is so important to have a skilled divorce attorney to represent the parties in divorce hearings, ensuring a fair hearing and a reasonable settlement.