Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse must be an Oklahoma resident for at least six months immediately before filing for divorce. A divorce case begins when one spouse files a petition for divorce in the proper county's district court. You can file your case in the county where you've been a resident for 30 days, or the county where your spouse resides.
Grounds for divorce include:
- Abandonment for one year
- Adultery
- Impotency
- When the wife, at the time of her marriage, was pregnant by someone other than her husband
- Extreme cruelty
- Fraudulent contract
- Incompatibility
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment for the commission of a felony
- Foreign divorce that is not valid in Oklahoma
Dividing the Property
In Oklahoma, assets and debts acquired during your marriage - called "marital property" - will be divided "equitably" when you divorce. Each spouse keeps his or her separate property, which includes property owned before marriage and gifts or inheritances received during marriage. Fault isn't a factor in property division. Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with an Oklahoma divorce lawyer and it can save you a lot of time and money.
Alimony
The court can order alimony to either spouse. Alimony may be in the form of property or money. If money is awarded, it may be made payable in a lump sum or in installments. Marital fault isn't a factor when awarding alimony. Also, temporary alimony may be ordered while the divorce is pending.
Child Custody and Visitation
The court may order joint or sole child custody based on the best interests of the child and the child's preferences. There is no presumption for or against joint or sole custody. Custody or visitation with a child will not be granted if evidence shows it will expose the child to a risk of harm.
Factors in deciding custody issues include which parent is more likely to support the child's relationship with the other parent. A parent's gender isn't a factor.
If either parent or both parents request joint custody, plans for the exercise of joint care, custody and control of their child must be filed with the court. The plan must include provisions detailing the physical living arrangements for the child, child support obligations, medical and dental care for the child, school placement and visitation rights. The court must not modify the plan unless the modifications are in the best interests of the child.
A custody order may be modified or changed whenever circumstances render the change proper. The basis for a modification is what is in the best interest of the child.
Child Support
Oklahoma child support guidelines are the basis for determining the proper amount of child support. The guidelines amount is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate or inequitable.
The parent who is awarded custody of the child must provide for the education and support of the child. If that support is inadequate, the noncustodial parent must assist in the support. When making a decision about child support, the court considers the income and means and property and assets of the parents.
Questions for Your Attorney