Oklahoma Divorce

Once your order has been received it will be forwarded to the Oklahoma paralegal who will be assigned to your case for the duration of the process. Your assigned paralegal will answer any questions that you have and process your documents.

Our Oklahoma Paralegals are specifically trained in Oklahoma divorce procedures and will assist you in getting the fastest, easiest, and most affordable divorce available.

We include all forms needed for an Oklahoma divorce.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: Either spouse must have been a resident of Oklahoma for 6 months immediately prior to filing for divorce. The divorce may be filed for in the county in which the plaintiff has been a resident for 30 days or in the county where the defendant resides. [Oklahoma Statutes Annotated; Title 43, Sections 102 and 103].

LEGAL GROUNDS FOR DIVORCE: No-Fault: Incompatibility. [Oklahoma Statutes Annotated; Title 43, Section 101]. General: (1) impotence; (2) adultery; (3) abandonment for 1 year; (4) imprisonment; (5) confinement for incurable insanity for 5 years; (6) cruel and inhuman treatment; (7) fraud; (8) habitual intemperance (drunkenness); (9) the wife pregnant by another at the time of the marriage; (10) gross neglect; and (11) a foreign divorce which is not valid in Oklahoma. [Oklahoma Statutes Annotated; Title 43, Section 101]. NAME OF COURT IN WHICH TO FILE FOR DIVORCE: District Court. "State of Oklahoma, In the District Court, __________ County." TITLE OF DIVORCE ACTION: Petition for Divorce. NAME USED TO DESCRIBE SPOUSE FILING FOR DIVORCE: Plaintiff. NAME USED TO DESCRIBE OTHER SPOUSE IN DIVORCE: Defendant. TITLE OF FINAL DIVORCE PAPERS: Decree of Divorce.

LEGAL SEPARATION: A spouse may sue the other spouse for alimony without filing for divorce. The grounds for requesting non-divorce-based alimony are: (1) impotence; (2) adultery; (3) abandonment for 1 year; (4) imprisonment; (5) confinement for incurable insanity for 5 years; (6) cruel and inhuman treatment; (7) fraud; (8) habitual intemperance (drunkenness); (9) the wife pregnant by another at the time of the marriage; (10) gross neglect; and (11) incompatibility. [Oklahoma Statutes Annotated; Title 43, Sections 101 and 129].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: Separation agreements are specifically authorized by statute. [Oklahoma Statutes Annotated; Title 43, Section 205].

MEDIATION OR COUNSELING REQUIREMENTS: The court may appoint an arbitrator for joint custody disputes which take place after a divorce. [Oklahoma Statutes Annotated; Title 43, Section 109].

PROPERTY DISTRIBUTION: Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep: (1) the property owned by him or her before the marriage; and (2) any gifts or inheritances acquired during the marriage. All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to one spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are: (1) the way in which the property in question was held; and (2) the time and manner of the acquisition of the property. Marital fault is not a factor. [Oklahoma Statutes Annotated; Title 43, Section 121].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either spouse. The award may be in money or property, in lump sum or installments, having regard for the value of the property at the time of the award. Marital fault is not a consideration. There are no other factors for consideration set out in the statute. Alimony payments may be required to be paid through the clerk of the court. [Oklahoma Statutes Annotated; Title 43, Sections 121 and 136]. SPOUSE'S NAME: Upon request, a wife may have her former or maiden name restored upon divorce. [Oklahoma Statutes Annotated; Title 43, Section 121].

CHILD CUSTODY: Joint or sole child custody may be awarded based on the best interests of the child, and upon a consideration of the preference of the child, if the child is of sufficient age to form an intelligent preference. When it is in the best interests of the child, the court shall assure that children have frequent and continuing contact with both parents and encourage the parents to share the rights and responsibilities of child rearing. However, there is neither a preference for or against joint or sole custody. In determining custody, the court shall consider which parent is likely to allow frequent contact with the other parent. There is no preference either for or against private, public, or home schooling of children. The sex of the parent is not to be taken into consideration. The court may require that the parents submit a joint custody plan to the court if joint custody is desired. [Oklahoma Statutes Annotated; Title 10, Section 21.1 and Title 43, Section 109 and 112].

CHILD SUPPORT: The parent awarded custody of the child must provide for the education and support of the child to the best of his or her ability. If such support is inadequate, the non-custodial parent must assist in the support to the best of his or her ability. A portion of the non-custodial parents property may be set aside for the custodial parent's use in supporting the child. The only factors for consideration set out in the statute are: (1) the income and means of the parents; and (2) the property and assets of the parents. There are official child support guidelines and forms provided by the Oklahoma Department of Human Services. The amount of support as shown by the guidelines is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate, or inequitable under the particular circumstances of a case. Child support computation forms are available from the clerk of the court. Child support payments may be required to be paid through the clerk of the court. Security or bond may be required for the payments and income withholding may be used to guarantee the payments. [Oklahoma Statutes Annotated; Title 43, Sections 110, 112, 118, 119, 121, and 136; and Title 56, Sections 235+].

PREMARITAL AGREEMENT: Oklahoma does not have any statutes pertaining to premarital agreements.

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