Oklahoma State Divorce Law

The District Courts in Oklahoma have jurisdiction over the Petitions for Divorce filed in the state. The state requires that petitioners be residents of the state for a minimum of 6 months.

Oklahoma Grounds for Divorce

Divorces can be filed in the state of Oklahoma on both no-fault and fault-based grounds.

Uncontested Divorce in Oklahoma

As in most states, an uncontested divorce in Oklahoma is one in which both parties agree on the elements of the settlement.

Contested Divorce in Oklahoma

Oklahoma residents who file a contested divorce have elements of the settlement, which they cannot agree on. These are much more complex actions, often requiring the advice of a divorce lawyer to process them.

Annulment in Oklahoma

An individual that is in an illegal marriage may end that relationship by means of an annulment, making the marriage null and void. The grounds by which such an action can be filed include:

• Mental incapacitation
• Underage marriage
• Fraud
• Incest
• Impotency

No Fault Divorce in Oklahoma

The only grounds for filing a no-fault divorce in Oklahoma are incompatibility.

Oklahoma Fault Divorce

The only means by which a petitioner can file for a fault-based divorce are the following grounds:

• Abandonment for 1 year or more
• Adultery
• Impotence
• A wife who is pregnant by another man without the husband knowing it at the time of the marriage
• Cruelty
• Fraud
• Habitual drunkenness
• Gross neglect of duty
• Imprisonment for a felony conviction
• Insanity for 5 years or more

Oklahoma Divorce and Child Custody

Child Custody Laws

There are several means by which Oklahoma courts determine child custody orders:

• The best interests of the child
• Which parent is more likely to facilitate ongoing contact with the other parent
• Oklahoma courts do not, however, prefer a parent for custodial duties based on gender.

Child Alimony

The courts award the custodial parent in a divorce the responsibility of providing for the support and education of the child to the best of their ability. If necessary, the court will require the non-custodial parent to share in that responsibility, either with regular payments or a portion of their property. The court may also consider other factors:

• The parents’ income and means
• The parents’ property and assets
• Child support orders generally follow the state’s official child support guidelines unless a particular set of circumstances reveal them to be unjust or unreasonable.
• Parents in Oklahoma use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

Oklahoma Divorce Spousal Support

The courts in Oklahoma have great discretion in awarding spousal support in divorces proceedings. That support may be paid out of personal or real property, or in any means the court deems appropriate and reasonable.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Oklahoma

Spouses in the military are protected by Oklahoma law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a Oklahoma Divorce Lawyer

There is a great deal of emphasis in Oklahoma divorce courts on the discretion of the court determining what kind of support is reasonable. However, if the court is not aware of all of the pertinent circumstances, they may not know what is reasonable in a particular case. That is why it is so important to have a skilled divorce attorney to represent the parties in divorce hearings, ensuring a fair hearing and a reasonable settlement.