Divorce can be difficult and overwhelming, especially when it comes to navigating the legal system. Each state has its own laws and regulations when it comes to divorce, and Oklahoma is no exception. If you are considering divorce in Oklahoma, it’s important to familiarize yourself with the state’s divorce laws. Here is your ultimate guide to divorce laws in Oklahoma.
Residency Requirements
Before you can file for divorce in Oklahoma, you must meet the state residency requirements. You or your spouse must have lived in Oklahoma for at least six months before filing for divorce. If you meet this requirement, you can file for divorce in the county where you or your spouse lives.
Grounds for Divorce
Oklahoma is a "mixed" divorce state, meaning that you can file for either a "fault" or "no-fault" divorce. In a no-fault divorce, neither spouse is blamed for the breakdown of the marriage. Instead, the couple can simply cite "irreconcilable differences" as the reason for the divorce.
In a fault-based divorce, one spouse alleges that the other spouse is at fault for the divorce. Common grounds for a fault-based divorce in Oklahoma include adultery, abandonment, abuse, and fraud.
It’s important to note that filing for a fault-based divorce in Oklahoma can be more complicated and expensive than filing for a no-fault divorce.
Property Division
Oklahoma is an equitable distribution state, which means that all marital property is divided fairly, but not necessarily equally, between both spouses. Marital property includes all property acquired during the marriage, including income, real estate, investments, and personal property.
The court will consider several factors when determining how to divide marital property, including:
- The length of the marriage
- Each spouse’s financial resources and earning potential
- Each spouse’s contribution to the marriage, including homemaking and child-rearing
- Any prenuptial or postnuptial agreements between the spouses
It’s important to note that separate property, which includes property owned by one spouse before the marriage or acquired after the separation, is not subject to division.
Child Custody and Support
If you have children and are getting divorced in Oklahoma, you will need to decide on child custody and support arrangements. Oklahoma courts encourage both parents to have a meaningful relationship with their children, and will make custody decisions based on the best interests of the child.
When determining custody, the court may consider several factors, including:
- The child’s preference, if the child is old enough to express a preference
- Each parent’s ability to care for the child
- Each parent’s mental and physical health
- The child’s relationship with each parent and other family members
Once custody is determined, the court will issue an order for child support. Oklahoma uses an income shares model to determine child support, which takes into account each parent’s income and the child’s needs.
Alimony
Alimony, also known as spousal support, is payment made by one spouse to the other after divorce to help support the recipient spouse. Oklahoma courts may award alimony if one spouse has a significantly lower income or earning potential than the other spouse.
When determining alimony, the court will consider several factors, including:
- The length of the marriage
- Each spouse’s financial resources and earning potential
- Each spouse’s contribution to the marriage, including homemaking and child-rearing
- The standard of living established during the marriage
It’s important to note that alimony is not automatically awarded in every divorce case.
Divorce Process
The divorce process in Oklahoma typically begins when one spouse files a petition for divorce with the court. The other spouse must be served with a copy of the petition and has the opportunity to respond.
If both spouses can agree on the terms of the divorce, they can work together to create a settlement agreement, which outlines the division of property, child custody and support arrangements, and any alimony payments. If the court approves the settlement agreement, the divorce can be finalized without a trial.
If the spouses cannot agree on the terms of the divorce, the case will go to trial. At trial, the court will hear evidence and make decisions regarding property division, child custody, child support, and alimony.
Conclusion
Divorce can be a complex and emotional process, but understanding Oklahoma’s divorce laws can help make the process easier. If you are considering divorce in Oklahoma, it’s important to consult with an experienced family law attorney to ensure that your rights are protected. With the help of a knowledgeable attorney, you can navigate the legal system and move forward with your life.