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 In an effort to bring more state-specific content to our visitors, DadsDivorce.com is seeking attorneys who will write periodic articles about family law issues in their state. If you are interested in having your articles posted on this page,
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| Laws & Courts: |
Oklahoma Law - state statutes. Title 43 "Marriage and Family."
Searchable Statutes - state laws in a searchable online format.
OK Supreme Court Network - search for opinions and other legal documents, justice BIOGRAPHIES, and downloadable court forms are available. |
| Oklahoma Child Support: |
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Child Support Forms - legal guidelines and forms for computing child support as prepared by the Department of Human Services.
Child Support Enforcement Division - child support guidelines, parent and employer information, online applications, parent support resources, answers to frequently asked questions and more. (this website was down as of 10/16/2000...we'll keep checking to see what the problem is)..
Critique of the Oklahoma CS System - by Gregory J. Palumbo, Ph.D and the Project for the Improvement of Child Support Litigation Technology.
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| Additional Resources: |
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State Bar Association - news and information from Oklahoma Bar Association. This site includes the online Oklahoma Bar Journal and public information brochures.
Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.
DAD-ok (Dads Are Displaced, Oklahoma) - educates its members and the citizens of Oklahoma on equality of parental responsibility. Addresses concerns of children's legal rights as well as father's legal rights.
Generation Gap/Grandparents and Parents - helps dads and grandparents attain and maintain visitation with children and grandchildren. Also works with legislators to fight gender bias in OK. Contact information:
Generation Gap/Grandparents and Parents
PO Box 183
Perkins, OK 74059-0183
Center: 405-547-2796
Fax: 405-547-2796
Rob: 405-547-5282
Darrell: 405-624-2165
Email:
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Public Access to Court Records -
Oklahoma State Court Network contains information on the 13 largest counties in Oklahoma and all of the appeals courts.
Oklahoma District Court Records. Search county district court public records.
(Source: National Center for State Courts)
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Report broken links or send suggestions to
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(Information Provided and edited by Donnelle H. Ratheal, P.C.)
Legal Overview
Divorce in Oklahoma requires that you have been resident for at least 6 months. There are many grounds upon which to obtain a divorce in Oklahoma, however the most common is a divorce based on incompatibility of the spouses. Read our detailed legal summary of Oklahoma including grounds, residency, child custody, mediation, child support, alimony, property, settlement agreements, and annulments.
Residency
If you seek to file a divorce in Oklahoma, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must have be a resident for at least 6 months immediately prior to filing for divorce. The papers for dissolution of marriage must also be filed in a county where the person filing has resided for 30 days or in the county where the other spouse resides.
Basis for Divorce
The most commonly used basis for an Oklahoma divorce is “incompatibility of the spouses”, also known as “irreconcilable differences” in other jurisdictions. It is a “no-fault” basis for a divorce. A divorce based on incompatibility of the spouses can mean a multitude of things, but ultimately it means that there is no reasonable hope that the marriage can continue. There are other grounds for divorce, but they are rarely used, as they are “fault” based.
To receive a court-approved divorce based on incompatibility of the spouses it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved.
The assignment of fault may make a practical difference in terms of a court's determination of the division of property if one spouse has dissipated assets deliberately. If the court finds that a spouse deliberately dissipated marital assets prior to filing for divorce, or dissipated assets on an addiction or a paramour, the court may award more marital property to the other spouse, under the “equitable division” rule.
Mediation
After a petition for divorce is filed, the parties may elect to use a mediator to settle their divorce. Unlike many jurisdictions, medication is not mandatory. Mediation can be included as a provision in any joint custody plan, or to resolve post-decree disputes. However, mediation is not binding when it relates to custody or access to the parties’ child.
Annulment and Legal Separation
An annulment is a legal decree that makes a marriage void. It is used in certain instances, i.e., when a spouse is mentally incompetent, or is not of legal age to marry. It is, as a practical matter, used sometimes when a party wishes to avoid being “divorced” but wishes to terminate the marriage. In limited instances, it has a significant impact upon a marriage involving a spouse who is not a United States citizen.
A legal separation has all of the benefits of being divorced, without the divorce itself. Historically it was used by persons from certain religious backgrounds. It is rarely used today. Even if one person files a petition for legal separation, the responding spouse may counter-file for divorce.
Property
Oklahoma is an "equitable division” jurisdiction. Marital property is defined as all jointly owned property and all other property, other than separate property, acquired by either or both of the parties during the marriage. Separate property is property owned by one party at the time of the marriage, or inherited property or gifts to one party from a third person and maintained as separate property. There is a presumption that property is marital, until the spouse proves otherwise.
When marital property and separate property are combined, the general rule is that all of it is now marital. If one spouse increases the other spouse’s separate property through his/her own efforts or investments, then that spouse has created a “marital component” to the marital property. The component must be valued in order for the judge to quantify the amount due the non-owning spouse.
In making its equitable distribution awards the courts are not only authorized to make monetary awards to one of the parties, but may also divide or order sold or transfer jointly owned marital property to one of the parties. The court in making its equitable distribution awards is not required to divide the marital property on an equal basis but rather, in deciding what an equitable division of marital property should be, based upon the circumstances of the marriage.
Support Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in flux. Permanent support alimony is viewed as “transitional”, and is designed to assist the requesting spouse in his/her transition to financial independence. The judge is tasked to apply the formula of the requesting spouse’s need and balance that against the other spouse’s ability to pay. “Need” is defined by multiple factors, and can include the parties’ pre-divorce standard of living.
Custody and Visitation
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child, able to control and direct the child, and who will be the most likely to encourage access and time between the child and the other parent.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision.
Visitation is generally every other weekend, from Friday through return to school on Mondays, alternating holidays, and approximately half of the summer. Depending on the parties’ proximity to one another, the noncustodial parent may also have a midweek visitation with the child, either for dinner or overnight.
Custody may be changed if there is a permanent, material and significant change in the circumstances that adversely affects the child, and the child would be better off in the other parent’s custody. If the parents were awarded joint custody, rather than sole custody, the trial judge has far more discretion, and can terminate the joint custody plan if one parent proves that the parents cannot cooperate or follow the plan.
Child Support
Child support is governed by statute, and is the “income sharing” model. The parent with primary physical custody is presumed to expend monies for the child. The noncustodial or nonprimary parent then pays the other parent, based upon the formula for child support. The formula increases child support, based upon the parents’ combined incomes, and the number of children. After a combined income of $15,000.00 per month, any additional child support ordered by the judge is discretionary. Extra child support may also be awarded if the case involves a disabled (mental or physical) child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets out their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other. If separate from the decree, the terms of the contract are enforceable in civil court, not domestic relations court. If incorporated into the decree, the domestic relations court retains authority to enforce them. Issues relating to child custody and access are never taken out of the judge’s authority.
The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce.com strive to keep our information up-to-date; however state laws are not static and subject to change without notice.
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