Oklahoma Divorce
Information and FAQ
Oklahoma law permits divorces based upon several different
causes. Among the are: 1. Abandonment for one (1) year. 2. Adultery.
3. Impotence. 4. When wife at time of marriage is pregnant for
someone other than her husband. 5. Extreme cruelty. 6. Fraudulent
contract. 7. Habitual drunkenness. 8. Gross neglect of duty. 9.
Imprisonment for the commission of a felony. 10. Insanity for a
period of five (5) years, and 11. the "no-fault" ground of
incompatibility of the parties. 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.
OSA 43-102
Venue The petition may be filed in the county where the plaintiff
has been a resident for at least thirty (30) days, or where the
defendant resides. 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. In addition, it
is unlawful for a party to divorce action to remarry (except to each
other) or cohabit with another for six months from the date of
decree. Any person who violates this provision is guilty of bigamy
and may be imprisoned for a term of not less than one (1) year and
not more than three (3) years in the State Penitentiary. 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 reasonable and just. 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 and equitable
division. 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
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. 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
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