Oklahoma No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Oklahoma, but does contain basic and other procedures.

Grounds

Oklahoma law permits divorces based upon several different causes. Among them are:

1. Abandonment for one (1) year.

2. Adultery.

3. Impotence.

4. When wife at time of marriage is pregnant from someone other than her husband.

5. Extreme cruelty.

6. Fraudulent contract.

7. Incompatibility.

8. Habitual drunkenness.

9. Gross neglect of duty.

10. Imprisonment for the commission of a felony.

11. The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

12. Insanity for a period of five (5) years. OSA 43-101

Residency requirements

Oklahoma law requires that one of the spouses must be a resident of the state for a minimum of six (6) months immediately prior to the filing of the petition for divorce. Provided, any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months next preceding the filing of the petition, may bring action for divorce or may be sued for divorce.OSA 43-102

Venue

An action for divorce or annulment of a marriage may be filed in the county in which the plaintiff has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the defendant is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district; and OSA 43-103

Name of court and title of action/parties

Actions for divorce in the State of Oklahoma are filed in the District Court. The name of the action initiating the divorce is the Petition for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party who files the action is the Plaintiff, while the other party to the action is the Defendant. OSA 43-101

Legal separation

Oklahoma law permits a spouse to bring an action for alimony against the other spouse without a divorce. The defenses to this action are the same as for a divorce action. OSA 43-129

Waiting period

In a divorce action involving minor children, the court will not issue a decree of divorce until ninety (90) days have elapsed from the date of the filing of the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party. It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty 30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.. OSA 43-107.1, 43-123

Alimony

Either spouse may be awarded alimony out of real and personal property of the other spouse as the court deems reasonable. The court shall make such award either in a lump sum or in installments, as it deems just and equitable. The obligation to pay alimony terminates upon the death or remarriage of the recipient or upon the voluntary cohabitation of the recipient with a member of the opposite sex. OSA 43-121

Distribution of property

Oklahoma is an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just. The court may divide the property in kind, or by setting aside the property to one party and requiring the other party to be paid in such amount as may be fair and just to effect an equitable division. The court may set apart a portion of the separate estate of a spouse to the other spouse for the support of the children of the marriage where custody resides with that spouse. OSA 43-121

Child custody

Oklahoma courts will decide the issue of custody based upon the best interests of the child. Custody may be granted to either parent or to both parents jointly. When awarding custody, the court shall consider which parent is more likely to allow the child frequent and continuing contact with the other parent. Gender of the parties shall not be a consideration in determining custody of the child. If either or both parents have requested joint custody, the party so requesting shall submit to the court parenting plans detailing the arrangements for the care of the child. Such plans shall include provisions relating to the medical and dental care of the child, school placement, physical living arrangements for the child, child support obligations, and visitation rights. In determining custody, the child may express his or her preference, although the court shall not be bound by the preference expressed by the child. The court may require the parties to a divorce involving minor children to attend an educational program concerning the impact of divorce on children and conflict resolution between parents. The court may also order individual counseling, as it deems appropriate. OSA 43-112

In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of ongoing domestic abuse which is properly brought before it. If the occurrence of ongoing domestic abuse is established by clear and convincing evidence, there shall be a rebuttable presumption that it is not in the best interests of the child to have custody, guardianship or unsupervised visitation granted to the abusive person. 43-112.2

Child support

The Oklahoma legislature has established child support guidelines which establish the presumptive correct amount of child support. Deviation from the guidelines require a specific finding by the court that application of the guidelines would be unjust or inappropriate and such findings must be included in the judgment. Child support orders may be modified upon a showing of material change in circumstances of the parties. A child shall be entitled to support until the child reaches eighteen (18) years of age. No hearing shall be required to extend such support through the age of eighteen (18) if the child is regularly and continuously attending high school. OSA 43-112

Name change

When a divorce is granted, the court may restore the wife to her maiden or former name if she so desires. OSA 43-121