Oklahoma has a comparatively low divorce rate of 3.4% per 1,000 of the population which is marked quite below the median. Oklahoma family law has mentioned both no-fault and fault grounds for divorce. If the ground is no-fault based, no proof shall be required by the court. Whereas if it is fault based then a verification of that fault must be provided.
In this State, marriage is dissolved by divorce rather than annulment. Divorce is considered more appropriate option compared to divorce. In Oklahoma, a marriage can be declared void for any of the reasons that are out of the marriage contract.
We believe dealing with the court system is a complex process for finalizing divorce process, divorce lawyer and attorneys with us are available to support you in such an intricate case.
Divorce Grounds in Oklahoma
There are three parties in both a marriage and a divorce which are you, your spouse and the state. Therefore to claim a divorce you have to have an acceptable and valid ground for divorce for the state, to validate your claim for divorce. Like all the states of the US, Oklahoma also has its own divorce grounds. Since Oklahoma has both kinds of divorces, the divorce grounds of Oklahoma are categorized into:
No-Fault Divorce Grounds in Oklahoma
There is only one no-fault divorce ground in Oklahoma, on which no fault divorce is granted, which is:
Husband and wife both have the right to offer divorce, if they feel that they are incompatible and can’t carry on with the marriage.
Fault Divorce Grounds in Oklahoma
Following are the fault divorce grounds in Oklahoma:
Abandonment for One Year
Abandonment by a spouse for one year or more is a valid fault divorce ground in Oklahoma. Divorce will be granted on this divorce ground by the court, if one of the spouses files for it.
Illicit relations with a paramour or adultery are grounds for divorce in Oklahoma. Adultery is the most common divorce ground in Oklahoma.
You can file a petition for divorce if your spouse is impotent. Impotency is a valid divorce ground in Oklahoma.
Oklahoma has a high percentage of divorces granted on cruel treatment grounds. Cruel treatment includes harassment and physical or verbal abuse.
Pregnancy before Marriage
If a woman is pregnant at the time of marriage by someone else other than the legal husband, her husband can file a petition for divorce on this divorce ground in Oklahoma.
If a spouse under the influence of drugs like, opium, morphine or cocaine harasses his/her spouse, his or her spouse can bail out by filing for divorce on this ground for divorce in Oklahoma.
According to this divorce ground in Oklahoma, “Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.”
If a person is a prisoner, and his/her spouse does not want to live with him/her, then s/he has the right to get divorce under this divorce ground in Oklahoma.
Permanent and Incurable Insanity
If a spouse is mad or have a mental breakdown which is declared incurable by a certified surgeon, this divorce ground in Oklahoma will help the injured party with bailing out.
Gross Neglect in Duties
Neglect of duties as a spouse is also a fault divorce ground in Oklahoma.
Fraudulent activities are strictly prohibited in Oklahoma. If a spouse misrepresents him or herself in front of his/her spouse, the victim spouse will be granted divorce under this ground for divorce in Oklahoma.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Oklahoma.
Oklahoma Divorce Laws
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 Custody 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 instalments.
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.
Oklahoma Annulment Laws
Annulment is a decree ending an illegal marital relationship, while a divorce is the termination of a legal marriage. The Oklahoma annulment laws state that the court has the right to declare a marriage void. To claim an annulment in Oklahoma, one must prove any of the following grounds set by Oklahoma annulment laws:
Oklahoma annulment laws state that a mentally incapacitated person can’t enter into a marital contract. If your spouse is mentally incapacitated, you can obtain Oklahoma annulment.
According to Oklahoma annulment laws, if a person has not attained the legal marriageable age specified by Oklahoma marriage laws, s/he can’t get married. However if you have done that, you can get your marriage annulled in Oklahoma.
Fraud is a legal annulment ground in Oklahoma. You can get annulment in Oklahoma if your spouse obtained your consent for marriage by fraud or by misrepresenting him or herself.
Entering into a marriage with too close a blood relation is known as incest. Oklahoma annulment laws restrict marital contracts between, mother-son, father-daughter, uncle-niece, brother-sister and the like.
Impotence is a valid annulment ground according to Oklahoma annulment laws. If your spouse is impotent, you can get your marriage annulled in Oklahoma.
Oklahoma Divorce Laws-Frequently Asked Questions
- What is the residency requirement for Oklahoma divorce?
There is a residency requirement according to Oklahoma divorce laws, that the plaintiff must be residing in the state for at least 6 months to file a case for Oklahoma divorce.
- What is retainer fee?
Paying the divorce lawyer’s fee in advance is known as retainer fee. Most divorce lawyers charge their fees on hourly basis and submit invoices to the client regularly stating the hours worked on his/her Oklahoma divorce case.
- Do I have to pay more after paying the retainer fee?
In case of contested divorces, the time spent on the client’s case cannot be predicted and as the divorce lawyers in Oklahoma charge their fees on per hour basis, it is difficult to estimate the total fees of a divorce lawyer.
- How much I have to wait to get divorced in Oklahoma?
In case of minor children, it takes about 90 days to get divorced. Divorces that do not have minor children involved are much quicker and take 10 days in Oklahoma.
- Who is responsible for paying child support?
After getting divorced in Oklahoma, according to Oklahoma divorce laws, the non-custodial parent is responsible to pay child support.
- What is the procedure for calculating child support amount?
Child support amount is calculated according to the Oklahoma Child Support Guidlines. The court considers the number of children and the gross monthly income of both the parties to estimate the child support amount.
- How court decides the child custody issue?
There exist two types of custodies in Oklahoma, i.e., * Sole custody. In which only one spouse is granted the custody of a child and the non-custodial spouse gets the visitation rights. * Joint custody. In which the child resides at one place and both the spouses are responsible for making decisions regarding the child education or medial facilities.
- What is meant by support alimony?
Support alimony is the amount paid after divorce by one spouse to another usually on monthly basis to support the “ex” spouse. The support alimony is claimed when the divorce is in process.
- Do I really need to hire a divorce attorney?
There is no restriction that you should hire a divorce attorney. But it is advised to appoint an attorney because s/he can handle court proceedings in a better way.
- Is it necessary for both spouses to be residents of Oklahoma?
For Oklahoma divorce, the Oklahoma divorce laws require only one of the spouses to be a resident of the state.