Deciding to end a marriage is a difficult choice, and there are not only emotional but also legal considerations to contemplate. Same-sex marriage has been legally recognized in the United States since 2015, but individuals in Oklahoma may still have uncertainties about the divorce process if their spouse is a same-sex partner.
The Legalization of Same-Sex Marriage in Oklahoma
Before delving into the legal process of divorce, it is crucial to understand the historical context of same-sex marriage in Oklahoma. In 2004, Oklahoma voters approved a constitutional amendment that explicitly defined marriage as "the union of one man and one woman." However, the tides turned in 2014 when a federal judge ruled this amendment unconstitutional, opening the doors for same-sex marriage in the state. Consequently, in October of the same year, the Oklahoma Supreme Court mandated all counties to issue marriage licenses to same-sex couples, marking Oklahoma as the 37th state to embrace same-sex marriage.
Same-Sex Divorce in Oklahoma
When it comes to divorce, Oklahoma treats same-sex couples the same way it does opposite-sex couples. Legally, there is no differentiation between these two groups. However, it is essential to acknowledge that same-sex couples may face unique circumstances during the divorce process.
Filing for Divorce in Oklahoma
To initiate divorce proceedings in Oklahoma, at least one spouse must be a state resident for a minimum of six months. Beginning the divorce process involves filing a petition with the court, which outlines the grounds for the divorce. Oklahoma recognizes both fault and no-fault grounds for divorce. Examples of fault grounds include adultery, abandonment, and cruelty. On the other hand, no-fault grounds encompass incompatibility, irreconcilable differences, and living separately for a specific duration.
Division of Property in Same-Sex Divorce
In a same-sex divorce in Oklahoma, the court follows a similar process for property division as it would in an opposite-sex case. Oklahoma adheres to the principle of equitable distribution, which means that property division is based on fairness and equity rather than an outright equal split. The court considers various factors when dividing property, including the duration of the marriage, each spouse’s income and earning potential, and each spouse’s contributions to the marital partnership.
Child Custody and Support in Same-Sex Divorce
Navigating child custody and support matters can be complex in any divorce, but same-sex divorce cases may pose additional challenges. When making custody determinations, Oklahoma courts prioritize the best interests of the child. The court may grant sole custody or joint custody to one or both parents. In scenarios where one parent is granted sole custody, the other may be required to provide child support.
Conclusion
If you are contemplating a divorce in Oklahoma while in a same-sex marriage, the process and legal considerations mirror those for opposite-sex couples. However, it is important to acknowledge that unique challenges may arise. Consulting with an experienced divorce attorney can help you comprehend your rights and ensure that your interests are safeguarded throughout the divorce process. By seeking appropriate legal guidance, you can navigate the journey ahead with confidence and clarity.