Oklahoma has following divorce laws:
For filing a divorce case in Oklahoma, applicants should make sure that they have met residency requirements of Oklahoma. If the court finds that it does not have jurisdictional powers to hear the divorce case, the case will not be accepted for hearing or will be dismissed. Under Oklahoma divorce laws, the residency requirement is:
- Either partner must be Oklahoma resident for at least 6 months in order to file a divorce case.
Documents Required for Filing Divorce
According to Oklahoma divorce laws, each divorce case has different document requirements. If a case is simple fewer documents are required and if it is complicated one, additional documents are required. Two basic documents are:
- Complaint for Divorce
- Final Decree of Divorce
Some other documents that are usually filed during the case are:
- Affidavit of Corroborating Witness
- Financial Affidavit
- Marital Settlement Agreement
- Affidavit Regarding the Cutody of Children
Distribution of Property
Oklahoma is considered as “equal distribution" state. Oklahoma divorce laws require martial property
to be distributed equally among the spouses. If applicants are not able to reach any conclusion about how to distribute the property, the court will have the right to distribute it.
Oklahoma divorce court will use three step processes for appropriate distribution. First, it will decide what property can be considered as marital. Second, according current local real-state value, it will determine a value of this property. In last, court will divide this marital property in an agreeable way.
Change of Name or Restoration of Name
Once divorce is granted, either partner can restore their name to their former name by submitting formal request as mentioned in Oklahoma divorce laws.
Court will only order for parenting education course, if the case involves minor children, before divorce being finalized. Else the Oklahoma divorce court has no authority to do so.
Under Oklahoma divorce laws, a spouse can be awarded alimony out of personal or real property of the other partner, if the divorce court feels it is necessary. The court will consider value of such property at the time of the divorce. Alimony may also be allowed from real and (or) personal property, or in the form of a monetary award, payable to the spouse in a lump sum amount or in monthly installments.
Child custody is getting very popular with the Oklahoma divorce courts these days. If parties request to have legal shared or joint custody
, it will most likely be granted, in almost all cases. As for shared or joint-physical custody cases, the Oklahoma divorce courts will determine this more strictly in order to find best possible solution.
The parent, whom the child custody is awarded, is required to provide education and best possible support for the child. If the support is not sufficient, the other parent is required to assist in the support.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.