Oklahoma Divorce Recovery

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, 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.

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

State 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.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

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

• a factor in making its determination regarding the relocation of a child
• 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.

Download Oklahoma Divorce Forms

[Oklahoma Statutes - Title 43 - Sections: 109 and 112 and Title 10 - Sections: 21.1]

Marriage Annulment - Marital Annulment

A 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 an annulment, and prove your claim with evidence. The burden of proof is greater for an annulment than a divorce, however. You or your lawyer must prove a ground for annulment. Acceptable grounds 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 - State laws provide that a mentally incapacitated person can’t enter into a marital contract. If your spouse is mentally incapacitated, you can obtain an annulment,
• Underage Marriage- 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, state laws restrict marital contracts from such individuals and
• Impotency- Impotence is a valid annulment ground. If your spouse is impotent, you can get your marriage annulled. 

Is there a time limit on getting an annulment in this state? Not really, but the basis for having a marriage annulled is rooted in one spouse's incapacity or failure to disclose important information to the other. It is presumed that the objecting spouse will seek to annul the marriage in a reasonable amount of time after learning about the conditions that raised the need to seek an annulment.

The state requires that you wait at least 6 months after a divorce to get remarried (unless that spouse has died). If your re-marriage took place within this 6 month window, your marriage can be annulled.

 

[Oklahoma Statutes - Title 43 - Sections: 125, 126]

Child Support

Oklahoma child support laws mandate that a child is entitled to support until the child reaches eighteen (18) years of age. The state 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,
• 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. 

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.

Child support calculations are based 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.

 

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

 

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.

To get an idea about what the approximate child support payment might be, see Schedule of Basic Child Support Obligations.

[Oklahoma Statutes - Title 43 - Sections: 110, 112, 118, 119, 121 and 136]

How to file for no fault divorce in Oklahoma

In order to file for divorce in Oklahoma, at least one of the parties must meet residency requirements (lived in OK for at least 6 months prior to the filing). Couples looking for a no-fault divorce will use the grounds of incompatibility.

The Petitioner files the Petition for Divorce. In this document, the reason for the divorce is detailed as well as what the petitioner wants from the court. The petition for divorce must be filed in the District Court of the county of residence of either spouse. Once the petition has been accepted by the court, a summons is issued by the Court Clerk notifying your spouse that the divorce has been filed. Being served notifies the other spouse that an court action is underway and requires a response from the Respondent. The Respondent has 20 days with which to reply in writing to the court. Should the Respondent not respond in time, the court can award a default judgment to the Petitioner.

If you and your divorcing spouse has agreed to all terms of the divorce, you can avoid a lengthy trial and move directly to a Divorce Settlement Agreement. If there are disputes, the Respondent will indicate that in the response, and the court will schedule a hearing in an attempt to resolve the differences. The Divorce Settlement Agreement details how you plan to divide assets and debt, if any alimony is to be paid, how much, how often and for what length of time, and how the children are to be cared for in your separate homes. Care for the children is typically spelled out in a Parenting Plan.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

If you have no children the divorce can occur in as little as 10 days from this point.

Having children involved mandates that the divorce not take place before 90 days. During the 90 days, you and your spouse must resolve all differences prior to the final hearing, or your case will be scheduled for trial. The final hearing is much like a cattle call in that other couples also seeking uncontested divorces move through the courtroom before and after you.

Completing your Parenting Plan

The Parenting Plan is part of the Divorce Settlement Agreement, where you detailed how assets, debt, spousal support (if any) and co-parenting will be decided. Pay particular attention to the Parenting Plan. In this document, you will set forth all details about how your children will be cared for in two separate homes. You will want to get as detailed as possible in order to reduce disagreements between the parents and cover as much of the children's care as possible.

Avoid simple parenting plan templates on the internet. They generally are not specific enough, and you want a plan that will ask you questions you may not have thought of yourself. We recommend using the free parenting plan worksheets found at About.com.

Once you've completed the worksheets, you must decide how you want to maintain your plan. As your children's lives get more active and complicated, you'll need to update the parenting plan with frequent changes. Your choices are:

1. Paper copies - the plan in this form can be maintained but schedule and activity changes will need to be frequently made, necessitating the printing of new copies and sending them to the other spouse. It isn't uncommon for a spouse to 'lose' the plan, or 'forget' about a scheduling change because the plan has been misplaced. Paper copies open the door to forgetful parents messing up activities or vindictive spouses wanting to cause problems.
2. On-line Parenting Plan Software - Maintain all future activities on a calendar that the owner controls and permits the other parent to view online. Notify the parent of a change or proposed change. Keep track of expenses incurred or time spent caring for the children. Keep accurate records should there be a child support modification or custody change request in the future.

One woman told us that she and her ex agreed that unless a change or addition to the kids schedule has been discussed AND agreed upon, it won’t appear on the calendar, and if it doesn’t appear on the calendar, it ain’t happening.

We recommend the online version of a Parenting Plan. You can thank us later.

See our discussion on Do-It-Yourself Divorce

Legal Separation - Marital Separation

A 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 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.

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:

1. regarding child custody, support or visitation,
2. regarding spousal maintenance,
3. regarding payment of debt,
4. regarding possession of property,
5. regarding attorney fees, and
6. providing other injunctive relief proper in the circumstances.

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.

 

[Oklahoma Statutes; Title 43, Sections 103 and 129]

Divorce Settlement - Dividing Marital Assets

Oklahoma is an equitable distribution state. State 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 equally. 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 intervene.

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.  

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

[Oklahoma Statutes - Title 43 - Sections: 121]

Alimony - Spousal Support - 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  undisposed 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. 

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

[Oklahoma Statutes - Title 43 - Sections: 121 and 136]

Visitation for the other parent

Parties to a 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.

A standard visitation schedule might include:

• Midweek and weekend time sharing;
• Differing geographical residences of the custodian and non-custodian of the child requesting visitation;
• Holidays, including Friday and Monday holidays;
• Summer vacation break;
• Midterm school breaks;
• Notice requirements and authorized reasons for cancellation of visitation;
• Transportation and transportation costs, including pickup and return of the child;
• Religious, school and extracurricular activities;
• Grandparent or relative contact;
• The birthday of the child;
• Sibling visitation schedules;
• Special circumstances including but not limited to emergencies; and,
• Other standards deemed necessary by the Administrative Director of the Courts.

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 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.

Parenting time adjustment

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. 

Worried about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

[Oklahoma Statutes - Title 43 - Sections: 111.1a(A)]

Grounds for divorce

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

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.  

 

[Oklahoma Statutes - Title 43 - Sections: 101]

Residency - You must qualify as a resident to file for divorce

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.

 

 

[Oklahoma Statutes - Title 43 - Sections: 102 and 103]

Mediation - Using a Mediator to resolve disputes

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. 

 

 

[Oklahoma Statutes - Title 43 - Sections: 109]

Grandparents rights to visitation

Grandparents of an unmarried minor child may petition to have reasonable rights of visitation to the child and the court may grant the request if the court deems it to be in the best interest of the child. Situations where the grandparents can petition for visitation include divorce, separation, 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. Visitation will be denied if the nuclear family is intact and both parents object to the visitation, annulment, unmarried parents, imprisonment and desertion. A preexisting relationship between the child and the grandparent is ordinarily a necessity for visitation to be granted.

Should a grandparent move to have a parent declared unfit in an effort to attain visitation, one of the following factors must be asserted and proven:

• alcohol or chemical dependency (untreated or treated unsuccessfully)
• a history of violent behavior or domestic abuse
• An emotional or mental illness that impairs judgment or impairs the capacity to recognize reality or to control behavior
• A failure to provide the child with proper care, guidance and support
• Any other condition making the parent unable or unwilling to give a child reasonable parental care

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

 

 

[Oklahoma Statutes - Title 43 - Sections: 109.4]

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

From the law books:

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal.  Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy.  Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.

An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case.

[Oklahoma Statutes - Title 43 - Section: 123]