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Oklahoma
Divorce Forms
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
Oklahoma
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