Overview of Divorce in Oklahoma

The divorce procedures in Oklahoma are not all that difficult to understand; however, anyone filing for divorce should make sure to read up on some key issues concerning Oklahoma divorce courts.

Residency Requirements

To file for divorce, one member of the couple must have been a state resident for at least six months prior to the date of the filing for the divorce.

Grounds for Filing for Divorce in Oklahoma

Oklahoma offers many more divorce grounds than most states.  Incompatibility is a choice if both spouses agree—a ‘no fault’ divorce will be granted in this case.  Otherwise, the plaintiff must declare the grounds upon which he or she is seeking divorce and must prove it to the court.  Here are the other grounds for which Oklahoma courts will grant divorce:

  • Abandonment for one year
  • Adultery
  • Impotency
  • Extreme cruelty
  • Fraud
  • Habitual drunkenness
  • Gross negligence of duty
  • Insanity for a period of five years
  • Imprisonment of one spouse—at the time of the divorce filing—in a state or federal prison for a felony crime
  • Pregnancy of the wife by a man who is not her husband--at the time of the marriage

 

 

Property Distribution Regulations

Oklahoma is an ‘equitable distribution’ state; therefore, any property that is marital will be divided in an equitable (or fair) manner.  The divorcing couple is encouraged to try to settle the distribution of their property amicably on their own; however, this is not always possible in every case.  If it isn’t possible, the court will decide upon a just and reasonable property division.

Child Custody

Courts in Oklahoma are ultimately concerned about what will be in the best interests of the child.  The court will try to set up a custody arrangement in which the child maintains frequent contact with both parents after the divorce has been finalized (if, of course, it is in the best interest of the child to remain in  close contact with both parents).

Parental gender is not a factor when deciding custody arrangements.  There is no legal preference for or against joint custody or sole custody.

Child Support Factors

Oklahoma courts do consider the gross incomes of both parents when deciding upon child support.  They also consider other factors, such as the costs of the medical and dental insurance premiums for the child and other recurring costs for the child.

If you are considering filing for divorce, contact a local attorney who can help you through the process.

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