Oklahoma Divorce Statutes

Oklahome code § 43‑101.  Grounds for divorce.

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.
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, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of

insanity with a poor prognosis for recovery; provided, that no divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending, any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant. The court shall appoint a guardian ad litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is entered.

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Oklahome code § 43-107.1.  Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.

A.  1.  In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party.
     2.  The court may require that within the ninety-day period specified by paragraph 1 of this subsection, the parties attend and complete an educational program specified by Section 107.2 of this title.
B.  This section shall not apply to divorces filed for any of the following causes:
     1.  Abandonment for one (1) year;
     2.  Extreme cruelty;
     3.  Habitual drunkenness;
     4.  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;
      5.  The procurement of a final divorce decree outside this state by a husband or wife which does not in this state release the other party from the obligations of the marriage;
     6.  Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or an inmate of a state institution for the insane in some other state for such period, or an inmate of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;
     7.  Conviction of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act committed upon a child of either party to the divorce by either party to the divorce; or
     8.  A child of either party has been adjudicated deprived, pursuant to the Oklahoma Children’s Code, as a result of the actions of either party to the divorce and the party has not successfully completed the service and treatment plan required by the court.
C.  After a petition has been filed in an action for divorce where there are minor children involved, the court may make any such order concerning property, children, support and expenses of the suit as provided for in Section 110 of this title, to be enforced during the pendency of the action, as may be right and proper.
D.  The court may issue a final order in an action for divorce where minor children are involved before the ninety-day time period set forth in subsection A of this section has expired, if the parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.
 Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992.  Amended by Laws 1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7, eff. Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.

Oklahome divorce laws §43-107.2.  Actions where minor child involved - Court-ordered educational program.

      a.   review documents, reports, records and other information relevant to the case, meet with and observe the child in appropriate settings, and interview parents, caregivers and health care providers and any other person with knowledge relevant to the case including, but not limited to, teachers, counselors and child care providers,
     b.   advocate for the  best interests of the child by participating in the case, attending any hearings in the matter and advocating for appropriate services for the child when necessary,
     c.   monitor the best interests of the child throughout any judicial proceeding,
     d.   present written reports to the parties and court prior to trial or at any other time as specified by the court on the best interests of the child that include conclusions and recommendations and the facts upon which they are based, and
     e.   the guardian ad litem shall, as much as possible, maintain confidentiality of information related to the case and is not subject to discovery pursuant to the Oklahoma Discovery Code. 3.  Expenses, costs, and attorney fees for the guardian ad litem may be allocated among the parties as determined by the court.
4.  On or before December 31, 2007, the Administrative Director of the Courts shall develop a standard operating manual for guardians ad litem which shall include, but not be limited to, legal obligations and responsibilities, information concerning child abuse, child development, domestic abuse, sexual abuse, and parent and child behavioral health and management including best practices.  After publication of the manual, all guardians ad litem shall certify to the court in which he or she is appointed as a guardian ad litem that the manual has been read and all provisions contained therein are understood.  The guardian ad litem shall also certify that he or she agrees to follow the best practices described within the standard operating manual.  The Administrative Director of the Courts shall provide public access to the standard operating manual and shall periodically review and revise the manual as deemed necessary.
B.  When property, separate maintenance, or custody is at issue, the court:
     1.  May refer the issue or issues to mediation if feasible unless a party asserts or it appears to the court that domestic violence or child abuse has occurred, in which event the court shall halt or suspend professional mediation unless the court specifically finds that:
a.   the following three conditions are satisfied:
(1)  the professional mediator has substantial training concerning the effects of domestic violence or child abuse on victims,
     (2)  a party who is or alleges to be the victim of domestic violence is capable of negotiating with the other party in mediation, either alone or with assistance, without suffering an imbalance of power as a result of the alleged domestic violence, and
(3)  the mediation process contains appropriate provisions and conditions to protect against an imbalance of power between parties resulting from the alleged domestic violence or child abuse, or
b.   in the case of domestic violence involving parents, the parent who is or alleges to be the victim requests mediation and the mediator is informed of the alleged domestic violence; and
2.  When custody is at issue, the court may order, in addition to or in lieu of the provisions of paragraph 1 of this subsection, that each of the parties undergo individual counseling in a manner that the court deems appropriate, if the court finds that the parties can afford the counseling.
C.  As used in this section:
     1.  “Child abuse or neglect” shall have the same meaning as such term is defined by the Oklahoma Child Abuse Reporting and Prevention Act or shall mean the child has been adjudicated deprived as a result of the actions or omission of either parent pursuant to the Oklahoma Children’s Code; and
     2.  “Domestic violence” shall have the same meaning as such term is defined by the Protection from Domestic Abuse Act.
D.  During any proceeding concerning child custody, should it be determined by the court that a party has intentionally made a false or frivolous accusation to the court of child abuse or neglect against the other party, the court shall proceed with any or all of the following:
     1.  Find the accusing party in contempt for perjury and refer for prosecution;
     2.  Consider the false allegations in determining custody; and
     3.  Award the obligation to pay all court costs and legal expenses encumbered by both parties arising from the allegations to the accusing party.

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Oklahome code§ 43-109.  Awarding custody or appointing guardian - Best interests of child - Joint custody

A.  In awarding the custody of a minor unmarried child or in appointing a general guardian for said child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child.
B.  The court, pursuant to the provisions of subsection A of this section, may grant the care, custody, and control of a child to either parent or to the parents jointly.
For the purposes of this section, the terms joint custody and joint care, custody, and control mean the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children.
C.  If either or both parents have requested joint custody, said parents shall file with the court their plans for the exercise of joint care, custody, and control of their child.  The parents of the child may submit a plan jointly, or either parent or both parents may submit separate plans.  Any plan shall include but is not limited to provisions detailing the physical living arrangements for the child, child support obligations, medical and dental care for the child, school placement, and visitation rights.  A plan shall be accompanied by an affidavit signed by each parent stating that said parent agrees to the plan and will abide by its terms. The plan and affidavit shall be filed with the petition for a divorce or legal separation or after said petition is filed.
D.  The court shall issue a final plan for the exercise of joint care, custody, and control of the child or children, based upon the plan submitted by the parents, separate or jointly, with appropriate changes deemed by the court to be in the best interests of the child.  The court also may reject a request for joint custody and proceed as if the request for joint custody had not been made.
E.  The parents having joint custody of the child may modify the terms of the plan for joint care, custody, and control.  The modification to the plan shall be filed with the court and included with the plan.  If the court determines the modifications are in the best interests of the child, the court shall approve the modifications.
F.  The court also may modify the terms of the plan for joint care, custody, and control upon the request of one parent.  The court shall not modify the plan unless the modifications are in the best interests of the child.
G.  1.  The court may terminate a joint custody decree upon the request of one or both of the parents or whenever the court determines said decree is not in the best interests of the child.
2.  Upon termination of a joint custody decree, the court shall proceed and issue a modified decree for the care, custody, and control of the child as if no such joint custody decree had been made.
H.  In the event of a dispute between the parents

having joint custody of a child as to the interpretation of a provision of said plan, the court may appoint an arbitrator to resolve said dispute. The arbitrator shall be a disinterested person knowledgeable in domestic relations law and family counseling.  The determination of the arbitrator shall be final and binding on the parties to the proceedings until further order of the court.
If a parent refuses to consent to arbitration, the court may terminate the joint custody decree.
I.  1.  In every proceeding in which there is a dispute as to the custody of a minor child, a determination by the court that domestic violence, stalking, or harassment has occurred raises a rebuttable presumption that sole custody, joint legal or physical custody, or any shared parenting plan with the perpetrator of domestic violence, harassing or stalking behavior is detrimental and not in the best interest of the child, and it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence, harassing or stalking behavior.
2.  For the purposes of this subsection:

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Oklahome code § 43-109.5.  Grandparental visitation rights.

A.  1.  Pursuant to the provisions of this section, any grandparent of an unmarried minor child may seek and be granted reasonable visitation rights to the child which visitation rights may be independent of either parent of the child if:
     a.   the district court deems it to be in the best interest of the child pursuant to subsection E of this section, and
     b.   there is a showing of parental unfitness, or the grandparent has rebutted, by clear and convincing evidence, the presumption that the fit parent is acting in the best interests of the child by showing that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent of the child, and
     c.   the intact nuclear family has been disrupted in that one or more of the following conditions has occurred:
          (1)  an action for divorce, separate maintenance or annulment involving the grandchild's parents is pending before the court, and the grandparent had a preexisting relationship with the child that predates the filing of the action for divorce, separate maintenance or annulment,
          (2)  the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled,
          (3)  the grandchild's parent who is a child of the grandparent is deceased, and the grandparent had a preexisting relationship with the child that predates the death of the deceased parent unless the death of the mother was due to complications related to the birth of the child,

          (4)  except as otherwise provided in subsection C or D of this section, legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,
          (5)  one of the grandchild’s parents has had a felony conviction and been incarcerated in the Department of Corrections and the grandparent had a preexisting relationship with the child that predates the incarceration,
          (6)  grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,
          (7)  the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,
          (8)  except as otherwise provided in subsection D of this section, the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child, or
          (9)  except as otherwise provided by subsection D of this section, the parental rights of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated.

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Oklahome code § 43‑110.  Automatic temporary injunction – Temporary orders.

A.  1.  Except as otherwise provided by this subsection, upon the filing of a petition for dissolution of marriage, annulment of a marriage or legal separation by the petitioner and upon personal service of the petition and summons on the respondent, or upon waiver and acceptance of service by the respondent, an automatic temporary injunction shall be in effect against both parties pursuant to the provisions of this section:
     a.   restraining the parties from transferring, encumbering, concealing, or in any way disposing of, without the written consent of the other party or an order of the court, any marital property, except in the usual course of business, for the purpose of retaining an attorney for the case or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect,
     b.   restraining the parties from:
          (1)  intentionally or knowingly damaging or destroying the tangible property of the parties, or of either of them, including, but not limited to, any document that represents or embodies anything of value,
          (2)  making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account,
          (3)  withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policies on either party or their children,
          (4)  changing or in any manner altering the beneficiary designation on any life insurance policies on the life of either party or any of their children,
          (5)  canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons,
          (6)  opening or diverting mail addressed to the other party, and
          (7)  signing or endorsing the other party's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party,
     c.   requiring the parties to maintain all presently existing health, property, life and other insurance which the individual is presently carrying on any member of this family unit, and to cooperate as necessary in the filing and processing of claims.  Any employer-provided health insurance currently in existence shall remain in full force and effect for all family members,
     d.   enjoining both parties from molesting or disturbing the peace of the other party or of the children to the marriage,
     e.   restraining both parties from disrupting or withdrawing their children from an educational facility and programs where the children historically have been enrolled, or day care,
     f.   restraining both parties from hiding or secreting their children from the other party, and
     g.   restraining both parties from removing the minor children of the parties, if any, beyond the jurisdiction of the State of Oklahoma, acting directly or in concert with others, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party, which shall not be unreasonably withheld.

service on the party, files an objection to the injunction and requests a hearing.  Provided, the automatic temporary injunction shall remain in effect until the hearing and a judge orders the injunction removed.
4.  The automatic temporary injunction shall be dissolved upon the granting of the dissolution of  marriage, final order of legal separation or other final order.
5.  Nothing in this subsection shall preclude either party from applying to the court for further temporary orders, pursuant to this section, an expanded automatic temporary injunction, or modification or revocation thereto.
6.   a.   With regard to an automatic temporary injunction, when a petition for dissolution of marriage, annulment of a marriage, or a legal separation is filed and served, a peace officer shall use every reasonable means to enforce the injunction which enjoins both parties from molesting or disturbing the peace of the other party or the children of the marriage against a petitioner or respondent, whenever:
     (1)  there is exhibited by a respondent or by the petitioner to the peace officer a copy of the petition or summons, with an attached Temporary Injunction Notice, duly filed and issued pursuant to this section, together with a certified copy of the affidavit of service of process or a certified copy of the waiver and acceptance of service, and
     (2)  the peace officer has cause to believe that a violation of the automatic temporary injunction has occurred.
b.   A peace officer shall not be held civilly or criminally liable for his or her action pursuant to this paragraph if his or her action is in good faith and without malice.
B.  After a petition has been filed in an action for dissolution of marriage or legal separation either party may request the court to issue:
1.  A temporary order:
     a.   regarding child custody, support or visitation,
     b.   regarding spousal maintenance,
     c.   regarding payment of debt,
     d.   regarding possession of property,
     e.   regarding attorney fees, and
      f.   providing other injunctive relief proper in the circumstances.
All applications for temporary orders shall set forth the factual basis for the application and shall be verified by the party seeking relief.  The application and a notice of hearing shall be served on the other party in any manner provided for in the Rules of Civil Procedure.
The court shall not issue a temporary order until at least five (5) days' notice of hearing is given to the other party.
After notice and hearing, a court may issue a temporary order granting the relief as provided by this paragraph; and/or
2.  A temporary restraining order.  If the court finds on the basis of a verified application and testimony of witnesses that irreparable harm will result to the moving party, or a child of a party if no order is issued before the adverse party or attorney for the adverse party can be heard in opposition, the court may issue a temporary restraining order which shall become immediately effective and enforceable without requiring notice and opportunity to be heard to the other party.  If a temporary restraining order is issued pursuant to this paragraph, the motion for a temporary order shall be set within ten (10) days.
C.  Any temporary orders and the automatic temporary injunction, or specific terms thereof, may be vacated or modified prior to or in conjunction with a final decree on a showing by either party of facts necessary for vacation or modification.  Temporary orders and the automatic temporary injunction terminate when the final judgment on all issues, except attorney fees and costs, is rendered or when the action is dismissed.  The court may reserve jurisdiction to rule on an application for a contempt citation for a violation of a temporary order or the automatic temporary injunction which is filed any time prior to the time the temporary order or injunction terminates.
D.  Upon granting a decree of dissolution of marriage, annulment of a marriage, or legal separation, the court may require either party to pay such reasonable expenses of the other as may be just and proper under the circumstances.
E.  The court may in its discretion make additional orders relative to the expenses of any such subsequent actions, including but not limited to writs of habeas corpus, brought by the parties or their attorneys, for the enforcement or modification of any interlocutory or final orders in the dissolution of marriage action made for the benefit of either party or their respective attorneys.

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Oklahome code § 43-110.1a.  OK Child Supervised Visitation Program – Policy – Definitions.

A.  This section shall be known and may be cited as the "Oklahoma Child Supervised Visitation Program".
B.  It is the policy of this state to ensure that the health, safety, and welfare of the child is paramount when supervised visitation is ordered by the court.
C.  For purposes of the Oklahoma Child Supervised Visitation Program:
     1.  “Supervised visitation” means the court-ordered contact between a noncustodial parent and one or more children of such parent in the presence of a third-party person who is responsible for observing and overseeing the visitation in order to provide for the safety of the child and any other parties during the visitation.  The court may require supervised visitation when deemed necessary by the court to protect the child or other parties;
     2.  An "alcohol-dependent person" has the same meaning as such term defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
     3.  A "drug-dependent person" has the same meaning as such term defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
     4.  "Domestic abuse" has the same meaning as such term defined in Section 60.1 of Title 22 of the Oklahoma Statutes.
D.  1.  The associate district judge in each county within this state may select trained volunteers to provide supervised visitation pursuant to the Oklahoma Child Supervised Visitation Program.
     2.  By February 15, 2005, the associate district judge of each county may appoint a judicial district supervised visitation team to:
          a.   identify public and private entities which will be willing to provide location sites for purposes of the Oklahoma Child Supervised Visitation Program,
           b.   identify individuals who will be willing to serve as third-party persons to observe and oversee court-ordered supervised visitations,
          c.   establish training requirements for volunteers,
          d.   identify programs which may be available for the training of the volunteers including, but not limited to, the Department of Human Services, Office of the Attorney General, child advocacy centers, domestic violence groups, and the Department of Mental Health and Substance Abuse Services,
          e.   develop written protocol for handling supervised visitations so as to provide safety of the child and other parties during the supervised visitation,
          f.   develop application forms for volunteers applying for the Oklahoma Child Supervised Visitation Program.  Information listed on the form shall include, but not be limited to:
     (1)  name, address and phone number of the volunteer, (2)  volunteer’s place of employment and phone number,
     (3)  areas of expertise,
     (4)  listing of professional training in areas including, but not limited to, child abuse, domestic abuse, alcohol or drug abuse, mental illness or conflict management,
     (5)  consent form specifying release of information, and
(6)  professional references, and
          g.   identify which information of the parties and the child will be confidential and which may be

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available to others.
     3.  From recommendations of the team established pursuant to this subsection, the associate district judge in each county within this state may authorize one or more public or private agencies to provide location sites for the Oklahoma Child Supervised Visitation Program.  A district judge may require either party requesting supervised visitation of a child to identify a trained third-party volunteer to observe and oversee the visitation.  A district court shall not: a.   require any state agency location or state employee to observe and oversee any supervised visitation, or
          b.   appoint a third party to observe and oversee a supervised visitation who has not received the training as specified by the judicial district supervised visitation team unless agreed to by the parties.
     4.  A participating public or private agency location site may charge a fee for each visit.
E.  The protocol for supervised visitation established by each judicial district supervised visitation team may require that:
     1.  The location site require each participant who has court-ordered supervised visitation for a child and who is participating in the supervised visitation program to sign a time log upon arrival and departure.  The agency location site must have an employee assigned to verify identification of each participant, initial each signature, and record the time of each person’s arrival and departure; and
     2.  The agency location site also contain information on each client case including, but not limited to:
          a.   a copy of the court order requiring supervised visitation, and
          b.   name of individuals authorized to pick up or deliver a child to the agency location site for supervised visitation.
F.  Each judicial district supervised visitation team may include, but not be limited to:
     1.  Mental health professionals;
     2.  Police officers or other law enforcement agents;
     3.  Medical personnel;
     4.  Child protective services workers;
     5.  Child advocacy individuals; and
     6.  The district attorney or designee.
G.  An associate district judge of a county, the judicial district supervised visitation team created pursuant to this section and the Office of the Court Administrator may develop an informational brochure outlining the provisions of the Oklahoma Child Supervised Visitation Program and procedures to be used by volunteers in that judicial district.  The brochure may be distributed through the municipal and district court, social service agency centers, county health departments, hospitals, crisis or counseling centers, and community action agencies.
H.  Except for acts of dishonesty, willful criminal acts, or gross negligence, no member of the judicial district supervised visitation team or volunteer shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of the duties pursuant to the provisions of this section.

Oklahome code § 43‑113.  Preference of child.

A.  In any action or proceeding in which a court must determine custody or limits of or period of visitation, the child may express a preference as to which of its parents the child wishes to have custody.
B.  1.  The court shall determine whether the best interest of the child will be served by the child's expression of preference as to which parent should have custody or limits of or period of visitation rights of either parent.  If the court so finds, the child may express such preference or give other testimony.
     2.  If the child is of a sufficient age to form an intelligent preference, the court shall consider the expression of preference or other testimony of the child in determining custody or limits of or period of visitation.  The court shall not be bound by the

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child's choice and may take other facts into consideration in awarding custody or limits of or period of visitation.  However, if the child is of a sufficient age to form an intelligent preference and the court does not follow the expression of  preference of the child as to custody, or limits of visitation, the court shall make specific findings of fact supporting such action if requested by either party.
     3.  There shall be a rebuttable presumption that a child who is twelve (12) years of age or older is of a sufficient age to form an intelligent preference.

Oklahome code § 43-118.  Child support guidelines.

A.  There shall be a rebuttable presumption in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the following guidelines is the correct amount of child support to be awarded.
B.  The Schedule of Basic Child Support Obligations assumes that all families incur certain child-rearing expenses and includes in the basic child support obligation an average amount to cover these expenses for various levels of the parents' combined income and number of children, comprised of housing, food, transportation, basic public educational expenses, clothing, and entertainment.

Oklahoma divorce statutes §43-118.1.  Review of child support orders - Disclosure of financial status.

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A.  In all cases in which child support services are being provided under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes, the Department shall conduct reviews of child support orders pursuant to rules promulgated by the Department.  If the Department conducts a review and determines that the child support obligation is not in accordance with child support guidelines, the Department shall file a notice of review and intent to modify the child support order, and it shall be served upon the parties in accordance with law.  The notice shall be set for hearing before a district or administrative court.  The district or administrative court shall review the child support obligation to determine its compliance with the child support guidelines and order modification if appropriate.  An order of modification shall be effective upon the date the notice of review and intent to modify the child support order was filed.

§ 43-134.  Alimony payments - Designation of spousal support and property payments - Termination of spousal support - Cohabitation by former spouse

A.  In any divorce decree which provides for periodic alimony payments, the court shall plainly state, at the time of entering the original decree, the dollar amount of all or a portion of each payment which is designated as support and the dollar amount of all or a portion of the payment which is a payment pertaining to a division of property.  The court shall specify in the decree that the payments pertaining to a division of property shall continue until completed.  Payments pertaining to a division of property are irrevocable and not subject to subsequent modification by the court making the award.  An order for the payment of money pursuant to a divorce decree, whether designated as support or designated as pertaining to a division of property shall not be a lien against the real property of the person ordered to make such payments unless the court order specifically provides for a lien on real property.  An arrearage in payments of support reduced to a judgment may be a lien against the real property of the person ordered to make such payments.
B.  The court shall also provide in the divorce decree that upon the death or remarriage of the recipient, the payments for support, if not already accrued, shall terminate.  The court shall order the judgment for the payment of support to be terminated, and the lien released upon the presentation of proper proof of death of the recipient unless a proper claim is made for any amount of past-due support payments by an executor, administrator, or heir within ninety (90) days from the date of death of the recipient.  Upon proper application the court shall order payment of support terminated and the lien discharged after remarriage of the recipient, unless the recipient can make a proper showing that some amount of support is still needed and that circumstances have not rendered payment of the same inequitable, provided the recipient commences an action for such determination, within ninety (90) days of the date of such remarriage.

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payments upon proof of substantial change of circumstances of either party to the divorce relating to need for support or ability to support.  As used in this subsection, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common‑law marriage.  The petitioner shall make application for modification and shall follow notification procedures used in other divorce decree modification actions.  The court that entered the divorce decree shall have jurisdiction over the modification application.
D.  Except as otherwise provided in subsection C of this section, the provisions of any divorce decree pertaining to the payment of alimony as support may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party.  Modification by the court of any divorce decree pertaining to the payment of alimony as support, pursuant to the provisions of this subsection, may extend to the terms of the payments and to the total amount awarded; provided however, such modification shall only have prospective application.
E.  Pursuant to the federal Uniformed Services Former Spouses’ Protection Act, 10 U.S.C., Section 1408, a court may treat disposable retired or retainer pay payable to a military member either as property solely of the member or as property of the member and the spouse of the member.  If a state court determines that the disposable retired or retainer pay of a military member is marital property, the court shall award an amount consistent with the rank, pay grade, and time of service of the member at the time of separation.
F.  The provisions of subsection D of this section shall have retrospective and prospective application with regards to modifications for the purpose of obtaining support or payments pertaining to a division of property on divorce decrees which become final after June 26, 1981.  There shall be a two-year statute of limitations, beginning on the date of the final divorce decree, for a party to apply for division of disposable retired or retainer pay.