Oklahoma Divorce Laws- Dissolution of Marriage

Oklahoma Child Support

Oklahoma child support laws mandate that a child is entitled to support until the child reaches eighteen (18) years of age. Oklahoma requires that in cases where children are involved, 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 provided that parents can attempt to agree on a Parenting Plan and Child Visitation Schedule. Should they be unable to agree, the court has these options:

	will provide for guardianship, custody, medical care, support and education of the children;
	may provide for the visitation and co-parenting of the non custodial parent with any of the children of the non custodial parent;
	May find the need to modify or change any support order either before or after final judgment in the action and
	will require the parties to complete a child support computation that gets filed with the 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.

Oklahoma child support laws are based on gross income, which is defined as salaries, wages, commissions, bonuses, severance pay, dividends, pensions, rent, interest income, trust income, annuities, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and royalties. If a parent is intentionally underemployed or unemployed, the family court will calculate (impute) one's income based on one's ability to earn.

Oklahoma bases its child support calculation on the income shares model, where each parent's income is calculated and added together to determine the combined adjusted gross income. See a child support calculator.

Each parent's obligation is then determined in proportion to their adjusted gross income. Medical and dental insurance premium costs are also allocated between the parents in proportion to their adjusted gross income and are added to the base child support obligation. In cases of split custody, where each parent is awarded custody of at least one of their natural or legally adopted children, the child support obligation for each parent shall be calculated by application of the child support guidelines for each custodial arrangement. The parent with the larger child support obligation shall pay the difference between the two amounts to the parent with the smaller child support obligation.

The court will order immediate income withholding from a parent's pay unless the court sees reason to not do so, or the parents agree to use an alternate method, and that method is approved by the court. Oklahoma child support terminates at the child's 18th birthday, or at graduation from high school, whichever occurs later.  

Oklahoma 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.

Parents are afforded the right to agree on a Parenting Plan or Child Custody Schedule. Should that effort fail, the court will determine the terms of shared parenting time.

When in the best interests of the child, Oklahoma 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:

	will consider which parent is more likely to allow the child or children frequent and continuing contact with the non custodial parent,
	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
	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:

	the non-custodial parent be notified of any residence change by the custodian plans to change the permanent residence of the child, and
	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.

Oklahoma divorce laws compel the court to make the presumption that a child may be capable of making an intelligent preference as to which home that child wants to live in at age 12.

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.

Relocation of the child

State laws define relocation as a change in the principal residence of a child over 75 miles from the child's principal residence for a period of 60 days or more. An intended change in the primary residence address of the custodial adult must be preceded by a notice to all entitled to visitation by at least 60 days.

If the court determines that a failure to provide adequate relocation notice has occurred, the court may make that failure:

	a factor in making its determination regarding the relocation of a child
	a factor in determining whether custody or visitation should be modified
	a basis for ordering the return of the child if the relocation has taken place without notice
	sufficient cause to order the person seeking to relocate the child to pay reasonable expenses and attorney fees incurred by the person objecting to the relocation

The court will consider the following factors in deciding on the proposed relocation:

	the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non relocating person, siblings, and other significant persons in the child's life
	the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child
	the feasibility of preserving the relationship between the non relocating person and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties
	the child's preference, taking into consideration the age and maturity of the child
	whether there is an established pattern of conduct of the person seeking the relocation, either to promote or thwart the relationship of the child and the non relocating person
	whether the relocation of the child will enhance the general quality of life for both the custodial party seeking the relocation and the child, including but not limited to financial or emotional benefit or educational opportunity
	the reasons of each person for seeking or opposing the relocation
	any other factor affecting the best interest of the child

Visitation
Co Parenting

Parties to an Oklahoma separation or dissolution (divorce) have the opportunity to construct a Visitation 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 custody defined in the final decree? 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 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.

§43-118E.  Parenting time adjustment - Reduction in child support obligation.
A.  Parenting time adjustment.
1.  The adjustment may be granted based upon a court order or agreement that the noncustodial parent is granted at least one hundred twenty-one (121) overnights of parenting time per twelve-month period with the children in the case under consideration.   

Spousal Support
OK Alimony
Maintenance

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 will think reasonable. Oklahoma courts may issue orders for alimony (sometimes called spousal support or maintenance) for a definite period, or an indefinite period. A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified by his misconduct, in abandoning him; nor is he liable for her support when she is living separate from him, by agreement, unless such support is stipulated in the agreement.

Upon the death or remarriage of the recipient, all unpaid alimony obligations shall terminate.   

Grounds For Divorce

The district court, guided by Oklahoma divorce laws, may grant a divorce for any of the following causes (grounds for divorce):

Abandonment for one (1) year,
Adultery,
Impotency,
When the wife at the time of her marriage, was pregnant by another than her husband,
Extreme cruelty,
Fraudulent contract,
Incompatibility,
Habitual drunkenness,
Gross neglect of duty,
Imprisonment of the other party in a state or federal penal institution,
Insanity for a period of five (5) years.     

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. You or your lawyer must prove a ground for annulment. 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 divorce 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.

Mediation
Marriage Counseling

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.      

Legal Separation
Marriage 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 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

In an action for divorce where there are minor children involved, the court will not issue a final order for at least ninety (90) days from the date of filing the petition. In the event no minor children are involved and there is full agreement by the parties, your divorce can be completed in as little as ten days. Oklahoma divorce statutes specify that the court may require that within the ninety-day period the parties attend and complete an educational program.

OK Divorce Law §43-123.  Remarriage and cohabitation - Appeal from judgment.