At one time, there were certainties like death, taxes and an oath to stay faithful and married. As they say, two out of three ain't bad, we suppose. You're probably in somewhat of a a panic, looking for answers? Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Oklahoma divorce laws mandate that a child is entitled to child support until the child reaches eighteen (18) years of age. A petition or cross-petition for a divorce, legal separation, or annulment must state whether or not the parties have minor children of the marriage. If there are minor children of the marriage, the court: A. will provide for guardianship, custody, medical care, support and education of the children; B. may provide for the visitation of the non custodial parent with any of the children of the non custodial parent; C. May find the need to modify or change any order either before or after final judgment in the action and D. will require the parties to complete a child support computation that gets filed with the child support order. When it is in the best interests of a minor unmarried child, the court will:

»Assure children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and
»Encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
»There will be neither a legal preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.
»When in the best interests of the child, custody will be awarded in a way which assures the frequent and continuing contact of the child with both parents.

Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Killer Divorce Attorney and top Marriage Psychologist show you exact steps how to become happily divorced.

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Child Custody

Oklahoma divorce laws dictate that in any divorce or separation, the petition must declare if there are any minor children of the union. If there are minor children of the marriage, the court will determine child custody, medical care, support and education of the children; provide for the visitation of the non custodial parent and change or modify any order when circumstances warrant.

When in the best interests of the child, custody will be awarded in a way which assures the frequent and continuing contact of the child with both parents. When awarding custody to either parent, the court: 1. will consider which parent is more likely to allow the child or children frequent and continuing contact with the non custodial parent,

2. will not prefer a parent as a custodian of the child because of the gender of that parent (Dads have an equal opportunity for custody, although Mothers get awarded custody in more than 80% of the cases) and 3. In any action, there will be neither a legal preference or a presumption for or against private or public school or home-schooling in awarding child custody.

In making an order for custody, the court may specify that: 1. the non-custodial parent be notified of any residence change by the custodian plans to change the permanent residence of the child, and 2. Any child will be entitled to financial support by the parents until the child reaches eighteen (18) years of age or until the child completes high school, whichever is later.

State courts frown on one parents failure to notify the other of a change of residence. Oklahoma divorce laws clearly mandate one adhere to this notice. Don't use this to frustrate your partner. It can backfire the next time you have to face that court.

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Visitation/Co-Parenting

Parties to an Oklahoma separation or dissolution (divorce) have the opportunity to construct a visitation (parenting) schedule between themselves and have it become a permanent part of their proceeding. If they are unable to agree, the court has a schedule it will impose. If you and your spouse can agree on a parenting schedule, leave nothing to interpretation. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about

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future partners? Should those partners stay overnight in front of the children?

In any case, a visitation schedule in Oklahoma for the non-custodial parent and the children should have the following components: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Alimony/ Maintenance/ Spousal Support

When a divorce is granted, the wife will be restored to her maiden or former name if she so desires. The court will enter its decree confirming in each spouse the property owned by him or her before marriage and the

un disposed-of property acquired after marriage by him or her in his or her own right. Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable. Oklahoma courts may issue orders for alimony (sometimes called spousal support or maintenance) for a definite period, or an indefinite period.

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Grounds For Divorce

The district court, guided by Oklahoma divorce statutes, may grant a divorce for any of the following causes (grounds): 1. Abandonment for one (1) year, 2. Adultery, 3. Impotency, 4. When the wife at the time of her marriage, was pregnant by another than her husband,

5. Extreme cruelty, 6. Fraudulent contract, 7. Incompatibility, 8. Habitual drunkenness, 9. Gross neglect of duty, 10. Imprisonment of the other party in a state or federal penal institution, 11. Insanity for a period of five (5) years.

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Marriage Annulment
Marital Annulment

An Oklahoma marriage annulment is a decree ending an illegal marital relationship, while a divorce is the termination of a legal marriage. The marriage annulment process (sometimes called a marital annulment) is similar to the divorce or separation processes in that you petition the court citing grounds for a marital annulment, and prove your claim with evidence. The burden of proof is greater for an annulment than a divorce, however. Oklahoma requires citing a ground for the annulment petition. Acceptable grounds for annulment include: Fraud- You can obtain an annulment in Oklahoma if your spouse got your consent for marriage by fraud or by misrepresenting him or herself,

Mental Illness- Oklahoma annulment laws state that a mentally incapacitated person can’t enter into a marital contract. If your spouse is mentally incapacitated, you can obtain an Oklahoma annulment, Underage Marriage- Based on Oklahoma annulment laws, any person that has not attained the legal marriageable age specified by Oklahoma marriage laws, he or she can’t get married. However if your marriage occurred anyway, you can get your marriage annulled in Oklahoma, Incest- Entering a marriage with someone who is too closely related to you, Oklahoma annulment laws restrict marital contracts from such individuals and Impotency-Impotence is a valid annulment ground according to Oklahoma annulment laws. If your spouse is impotent, you can get your a Oklahoma marital annulment.

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Marriage Counseling/
Mediation

In all actions for divorce, separate maintenance, guardianship, paternity, custody or visitation, including modifications or enforcement's of a prior court order, where the interest of a child under eighteen (18) years of age is involved, the court may require all adult parties to attend an educational program concerning, as appropriate, the impact of separate parenting and co parenting on children,

the implications for visitation and conflict management, development of children, separate financial responsibility for children and such other instruction as deemed necessary by the court. The court can order mediation if it feels it is warranted. Marriage counseling, while not state-sponsored, should always be considered if there is still some hope the marriage can be saved.

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Legal Separation/ Marital Separation

An Oklahoma legal separation means the husband and wife are living apart and has the added element that the arrangement is ordered by the court or agreed to by the parties in a written agreement. The fact that the legal separation (also known as a marital separation or divorce separation) is part of a court order or written agreement makes it a "legal separation”. Legal Separations require a separation agreement agreed to by the parties. The legal separation makes more certain the rights and responsibilities of the parties during the period of separation as opposed to an informal separation. Payments of support during a period of separation

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sometimes are called temporary maintenance or alimony pen dente lite. The separation (informal or legal) keeps the marital status intact until or unless one files for divorce. Legal separation is often pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for termination of marital status.

One does not need to get a legal separation in order to divorce. In fact, most bypass the legal separation and go straight to the divorce. The marital separation can last the life of the parties, without conversion to a divorce, until or unless someone files to convert the separation into a divorce.

Waiting Period

Oklahoma divorce statutes specify that the court may require that within the ninety-day period the parties attend and complete an educational program.

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Grandparents Rights

Grandparents of an unmarried minor child will have reasonable rights of visitation to the child if the court deems it to be in the best interest of the child. (This right is conferred by federal statute) The right of visitation to any grandparent of an unmarried minor child will be granted unless it has been specifically denied by the court.

If a child is born out of wedlock, the parents of the father of such child will not have the right of visitation unless the father has been judicially determined to be the father of the child.

If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings will not terminate any court-granted grandparental rights belonging to the parents of the deceased natural parent.

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Divorce Settlement

Oklahoma is an equitable distribution state. State divorce laws mandate that the courts divide the marital property between the parties in an equitable and just manner. This means the court will attempt to divide the marital assets fairly, but not necessarily evenly. As is always the case, if you and the divorcing spouse can agree on a divorce settlement of marital assets and liabilities first, the court won't have to. Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried about property that was yours before the marriage and that it may now be part of a divorce settlement? Here's how it works generally. What you

brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

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Residency Requirements

Either the plaintiff or the defendant must have been an actual resident for six (6) months next prior the filing of the petition. United States military personnel are afforded the same 6 month requirement according to Oklahoma divorce statutes and federal law.

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