OKLAHOMA DIVORCE LAW
When contemplating an action for a divorce or legal separation in Oklahoma, you are likely faced with a number of legal questions and concerns. The following information is gathered from Oklahoma divorce code, and can provide a guide as you make your decision for divorce or legal separation. This information is only a guide, and you should always consult an Oklahoma divorce attorney prior to taking any action.
Legal Separation in Oklahoma
When a party has grounds for divorce in Oklahoma, they may instead choose to have the court grant a legal separation. A legal separation in Oklahoma does not terminate the parties' status as husband and wife, but does allow a court to set an order dictating elements of divorce such as any spousal support obligations, assignment of property, and child support and child custody. Should the legal separation result in divorce, a court may not need to revisit all of the issues covered in the legal separation agreement. Prior to deciding whether or not to petition for a legal separation instead of divorce, contact an Oklahoma divorce attorney.
Grounds for Divorce in OklahomaWhen filing for divorce in Oklahoma, the person requesting the divorce must satisfy a legal cause. Oklahoma divorce code provides eleven legally sufficient causes for a fault-based divorce:
The party filing for divorce or legal separation in Oklahoma must demonstrate that one of these eleven causes exist in order for a court to grant a divorce or legal separation.
Divorce Residency Requirements in Oklahoma
In order to file a divorce or legal separation in Oklahoma, a party must meet the residency requirements of the state. Oklahoma divorce code requires a person to reside in the State, or be stationed in the State, for six months prior to filing for divorce.
Availability of Simplified or Special Divorce Procedures in Oklahoma
Because a party must demonstrate the existence of a fault based ground(s) for divorce, there are not procedures to simplify a final divorce judgment. Oklahoma divorce code does recognize separation agreements between parties that incorporated the division of property and detail any potential support obligations to the spouse or children. Such an agreement can simplify the process should a separation lead to a divorce. Additionally, upon filing a petition for divorce in Oklahoma, a party may request a court grant a temporary order regarding child custody and child support, spousal maintenance, and possession of property. Before making a separation agreement, or requesting a temporary order consult an Oklahoma divorce attorney.
Annulment in Oklahoma
When a party files for divorce or legal separation in Oklahoma, it is asking the court to declare a valid marriage terminated. When a party is asking for an annulment, on the other hand, it is asking the court to declare the marriage was invalid to begin with, and should be considered void. In order to receive an annulment in Oklahoma a party must demonstrate a cause such as: the marriage is incestuous, the marriage is between same sex parties, one party is underage, one party lacks the mental capacity to consent to marriage, a party has not finalized a previous divorce or has not been divorced longer than six months, or consent to the marriage was obtained by use of fraud or duress.
Division of Marital Property in Oklahoma
Okalahoma divorce code states that a court will divide all property into separate and marital property, and divide the marital property jointly between the parties based on what is "just and reasonable." This division of marital property may be subject to any written agreement between the two parties that provides for property division. Prior to filing for divorce or legal separation in Oklahoma, consult an Oklahoma divorce attorney for advice on division of marital property.Links to Oklahoma Divorce Statutes
To Find the Following Oklahoma Codes, Title 43 – Marriage and Family, click HERE.
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