Oklahoma divorce laws
Child
Support
 Oklahoma
divorce laws mandate that a child is
entitled to 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:
- will provide for guardianship, custody, medical care, support and education of the children;
- may provide for the visitation of the non custodial parent with any of the children of the non custodial parent;
- May find the need to modify or change any order either before or after final judgment in the action.
- 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.
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.
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.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency
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.
Child
Custody 
Oklahoma
divorce statutes 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 make provision for guardianship, custody, medical care, support and education of the children;
- If suitable, provide for the visitation of the non custodial parent with any of the children of the non custodial parent; and
- May modify or change any order whenever circumstances render the change proper either before or after final judgment in the action.
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:
- will consider which parent is more likely to allow the child or children frequent and continuing contact with the non custodial parent, and
- 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).
- 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 the custody of a child
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The
evidence suggests that step families are no improvement over
single-parent families, even though typically income levels
are higher and there is a father figure in the home. Step families
tend to have their own set of problems, including interpersonal
conflicts with new parent figures and a very high risk of family
breakup. |
Grounds
for
Divorce
The district court, guided by Oklahoma divorce
statutes, may grant a divorce for any of
the following causes:
- 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) year
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.
Alimony
 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.
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy”. |
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.
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
Dividing Assets
 Oklahoma
is an equitable distribution state. Oklahoma
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 first, the court won't have
to.
|
