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, contact us by emailing: info@dadsdivorce.com
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
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." 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.
Additional Resources:
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: granparent@provalue.net
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.
Grounds
One approved ground available to those seeking a divorce is based on incompatibility of the spouses (irreconcilable differences). 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. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed. This is the most common form of divorce, there are eleven there eleven other options for divorce including: impotence; adultery; abandonment for 1 year; imprisonment; confinement for incurable insanity for 5 years; cruel and inhuman treatment; fraud; habitual intemperance (drunkenness); the wife pregnant by another at the time of the marriage; gross neglect; and a foreign divorce which is not valid in Oklahoma.
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 difference in terms of a court's final determination of the division of property. If one party is determined to be at fault for the breakdown of the marriage, then the court may award the other party more property.
Mediation
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for an attempt at reconciliation. A judge may also order mediation for disputes arising after a divorce is finalized when the spouses have joint custody of the children.
Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reasons.
Property
State statutes now provide for the "equitable" distribution of the marital property of the marriage at the time of the final divorce between the parties. "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 and up to the time of the final separation of the parties. "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. Where "Marital Property" and "Separate Property" are mixed together or where "Separate Property" is increased through the active efforts of either party during the marriage, then such property may be classified as "Part Marital" and "Part Separate" property.
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, will consider various factors listed in the Equitable Distribution Statute, including the relative monetary and non-monetary contributions of each of the parties to the well being of the family and to the acquisition and care of the marital property. Pensions and retirement plans are subject to the Equitable Distribution Statute to the extent that the same were accumulated during the course of the marriage of the parties.
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 the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
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 and able to control and direct the child.
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. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth 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.
