Oklahoma Divorce Law    Residency Requirements for Divorce in Oklahoma

  Residency Requirements for Divorce in Oklahoma
Either spouse must have been a resident of Oklahoma for 6 months immediately prior to filing for divorce. The divorce may be filed for in the county in which the plaintiff has been a resident for 30 days or in the county where the defendant resides.
Legal Grounds for Divorce in Oklahoma

  1. No Fault Divorce: Incompatibility.
  2. General Divorce:
    1. Impotence
    2. adultery
    3. abandonment for 1 year
    4. imprisonment
    5. confinement for incurable insanity for 5 years
    6. cruel and inhuman treatment
    7. fraud
    8. habitual intemperance (drunkenness)
    9. the wife pregnant by another at the time of the marriage
    10. gross neglect
    11. a foreign divorce which is not valid in Oklahoma

Legal Separation in Oklahoma
A spouse may sue the other spouse for separate maintenance without filing for divorce. The action may be brought in any county where either spouse resides. The grounds for requesting non-divorce-based alimony are:

1. impotence
2. adultery
3. abandonment for 1 year
4. imprisonment
5. confinement for incurable insanity for 5 years
6. cruel and inhuman treatment
7. fraud
8. habitual intemperance (drunkenness)
9. the wife pregnant by another at the time of the marriage
10. gross neglect
11. incompatibility

Simplified/Special Divorce Procedures in Oklahoma
Separation agreements are specifically authorized by statute.

Divorce Mediation or Counseling Requirements
The court may appoint an arbitrator for joint custody disputes which take place after a divorce.

Divorce Property Distribution
Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep:

1. the property owned by him or her before the marriage (and)
2. any gifts or inheritances acquired during the marriage

All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to 1 spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are:

1. the way in which the property in question was held (and)
2. the time and manner of the acquisition of the property

Marital fault is not a factor.

Alimony and Spousal Support
Alimony may be awarded to either spouse. The award may be in money or property, in lump sum or installments, having regard for the value of the property at the time of the award. Marital fault is not a consideration. There are no other factors for consideration set out in the statute. Alimony payments may be required to be paid through the clerk of the court.

Spouse's Name After Divorce
Upon request, a wife may have her former or maiden name restored upon divorce.

Child Custody After Divorce
Joint or sole child custody may be awarded based on the best interests of the child and upon a consideration of the preference of the child, if the child is of sufficient age to form an intelligent preference. When it is in the best interests of the child, the court shall assure that children have frequent and continuing contact with both parents and encourage the parents to share the rights and responsibilities of child-rearing. However, there is neither a preference for or against joint or sole custody. In determining custody, the court shall consider which parent is likely to allow frequent contact with the other parent. There is no preference either for or against private, public, or home schooling of children. The sex of the parent is not to be taken into consideration. Failure to allow visitation may be considered against the best interests of the child. The court may require that the parents submit a joint custody plan to the court if joint custody is desired.

Child Support After Divorce
The parent awarded custody of the child must provide for the education and support of the child to the best of his or her ability. If such support is inadequate, the non-custodial parent must assist in the support to the best of his or her ability. A portion of the non-custodial parent's property may be set aside for the custodial parent's use in supporting the child. The only factors for consideration set out in the statute are:

1. the income and means of the parents
2. the property and assets of the parents

There are official child support guidelines and compilation forms in the statute and forms are provided by the Oklahoma Department of Human Services and are available from any court clerk. The amount of support as shown by the guidelines is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate, or inequitable under the particular circumstances of a case. Child support computation forms are available from the clerk of the court. Child support payments may be required to be paid through the clerk of the court. Security or bond may be required for the payments and income withholding may be used to guarantee the payments.

Continue to Oregon Divorce Laws
 
Resource Article:
 
Surviving Your Divorce
By Allyson Brandy


Some simple ground rules to see you through.
Keeping the following ground rules in mind when dealing with the situation will either make this possible or impossible. Allowing you to work towards a friendship when it is comfortable for the both of you, rest assured, if handled correctly that time will come to pass.

Maintain your dignity at all times
No matter what is going on you must always maintain a sense of dignity and respect for your partner and yourself during your negotiations. Work through your lawyer whenever possible. They are your impartial conduit to keep things civil and professional. If you do find yourself dealing directly with your spouse, work to keep emotion out of your interactions. That may sound extraordinarily hard when you’re in the thick of things, but for a smooth transition and future relationship, it is imperative to stay as cool and collected as possible. It may also mean leaving the negotiations for a later time.

Know when to leave the room.
You have to know when to leave and geographically remove yourself from a situation spiraling out of control. It is very easy to get caught up in finger pointing and accusations. If you find yourself losing your cool or becoming emotional, stop, take a deep breath and say just that – you need to end the conversation. Some parts of a divorce will always be too painful and difficult for you to solve face-to-face. Avoid the pitfall of playing superhero. Recognize that you and your spouse are extremely vulnerable during this period. A good lawyer or mediator can help greatly in these circumstances.

Be willing to compromise where possible.
Take it point-by-point. Remember, how do you eat an elephant? One bite at a time. A marriage is like an elephant and its dissolution can only be successfully accomplished one point at a time. However you feel the assets should be divided, it is important to understand that for each of you, some things are more important than others. If it’s not important to you, don’t sweat the small stuff.

You can't keep everything
For example, it may be important to you that any heirloom items passed down from your family remain with you, and it may be equally important to your spouse to keep his or her retirement benefits for intact. Your lawyer will be able help you evaluate the financial implications of decisions and choices in as fair and impartial way as possible. If you fight over everything, nothing will be accomplished and you will both lose. Bitter feelings will remain, and any chance for future camaraderie will be unworkable.

Understanding what is most important to your spouse and being willing to compromise or concede to those things may make your spouse more than willing to do the same for you.

Realize that your lives will now be separate
Any new interests your spouse has with other people or things are no longer part of your life, unless you are invited in. This works both ways. This is where mutual respect comes into play. What this means is that you and your spouse will be moving on, spending time with new people and eventually dating.

Avoid being judgmental
A sure-fire way to kill off the possibility of a friendship is for you to be judgmental of the new people in your spouse’s life. Becoming overly friendly or involved with these new people can also have the same effect. Your lives are separate and you must get on with rebuilding a life detached from your spouse’s world, just like the two of you built a life together. Know your place, and let your ex-spouse know if your own boundaries are being overstepped.

Know when to say nothing.
One of the most important things to remember is to know when to keep your mouth shut. We were taught that if you don’t have something nice to say about somebody, don’t say anything. This adage is never so important as during and after a divorce. School yourself from speaking negatively about your ex-spouse especially around your common friends. This can be difficult, as there seems to be a natural curiosity from friends to delve into the reasons for your separation.

How-To Avoid Prying Questions
They may ask prying questions and look for blame. It easy to fall into the trap of it was your ex-spouses fault. Reach for a general response which casts no blame and ends the conversation so that you can move on to what’s really happening in your life now. Phrases like, “we just grew apart” or “the divorce was a positive step for both of us” can sometimes help to keep the questions at bay.

Present yourself as confident and happy
Remember you do not have to answer a question just because it is asked, especially if it is personal. Your reasons for your divorce are your own business, and it is your choice as to how much you wish to share.

Keeping your spouse as a friend may seem impossible now, but by following the suggestions above you will have created the possibility of amicability in the years to come.
 

Divorce Terms:
Master. See Special Master

Mediation. An informal, voluntary process allowing parties to work with a neutral third party (the mediator to develop a separation agreement. An agreement developed with a mediator is said to be a mediated agreement.

Where appropriate, mediation is an excellent way to develop a separation agreement. Remember, the process is voluntary, so if either party refuses to continue, the mediation is terminated. Mediation requires cooperation and communication between the parties. You must trust each other financially to make full disclosure of each others financial condition and future earnings opportunities. Each party has his or her attorney review the agreement before it is signed.

Mediators are not marriage counselors, but may help you develop a parenting plan. We advise our clients to go this route where appropriate, but mediation is not suitable for everyone. Interestingly, more men are satisfied with the result than women who tend to believe that they would have done better before a judge.

Memorandum of Law. A legal document filed along with pleadings or other court papers setting forth your lawyers legal research in support of a request to the court. Modification, Complaint for. The legal, post-divorce procedure to change or modify a separation agreement, or the courts earlier decision and judgment.

Most states allow modification of prior agreements or decisions/judgments based on any unanticipated material change of circumstance. For example, your child requires extraordinary medical expenses or you become permanently disabled, and these events were unanticipated at the time of the original judgment. Certain types of agreements, surviving agreements, are written to bar any future modification. The rules are technical and vary among states. Public policy suggests that all child-related issues should be modifiable. Consult your lawyer.

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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