Divorce in Oklahoma

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

Either you or your spouse must be a resident of Oklahoma for at least six months immediately prior to filing for a divorce. The divorce may be filed for in the county in which the filing spouse has been a resident for 30 days or in the county where the nonfiling spouse resides. The legal divorce process begins when one spouse files a petition for divorce with the district court in the appropriate county.

You may be granted a divorce by the district court on any of the following grounds:

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 is entitled to keep any property that was owned by him or her prior to the marriage and any gifts or inheritances acquired during the marriage. All marital property is divided between the spouses in a just and reasonable manner, regardless of any marital fault.

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see an Oklahoma divorce lawyer can save you a lot of time and money.

Alimony

The court can order alimony to either party in Oklahoma. 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. The court will not consider marital fault when awarding alimony. Also, temporary alimony may be ordered while the divorce is pending.

Child Custody and Visitation

In Oklahoma, the court may order joint or sole child custody based on the best interests of the child and a consideration of the preference of the child. There is no presumption for or against joint or sole custody. Custody or visitation with a child will not be granted if it is established that it will expose the child to a risk of harm.

The court may consider the following when awarding custody to either parent:

Which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent
That there is no preference of one parent over the other as a custodian because of the gender of that parent

The court may provide for the visitation of the noncustodial parent with his or her children, unless it is not in the best interest of the children.

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. In awarding or modifying the custody of the child, the court will consider what appears to be in the best interest of the child.

Child Support

In Oklahoma, there are official child support guidelines for use in determining the proper amount of child support. The amount shown in the guidelines 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 will consider the following factors:

The income and means of the parents
The property and assets of the parents

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