The Basics Of An Oklahoma Divorce

Oklahoma is a mixed state when it comes to filing for divorce.  There are fault and no-fault grounds for filing the divorce.  According to Oklahoma statute the grounds for divorce are: abandonment for one year, adultery, impotency, when the wife at the time of her marriage was pregnant by another than her husband, extreme cruelty, fraudulent contract, incompatibility, habitual drunkenness gross neglect of duty, 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, the procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage and insanity for a period of five years.

To get a divorce in Oklahoma the parties have to reside in the state of Oklahoma for at least 6 months.  A divorce degree will not be issued earlier than 30 days after the petition is filed in the court.  Oklahoma also allows a petition for legal separation without divorce. 

Mediation or counseling is required in Oklahoma divorce cases where minor children are involved and in cases involving paternity, separate maintenance, support, custody, and visitation.  Custody of children in Oklahoma divorces is determined by the best interest of the child standard.  The court assumes that it is in the best interest of the child to maintain contact with both parents.  Custody is usually given to the primary caregiver in cases involving young children; however, it is no longer true that the wife always gets custody of the children when they are older.

Oklahoma like every state in the union requires that both parents provide financial support for the child.  The court attempts to maintain the standard of living the child enjoyed during the marriage.  This is based on the notion that the child is the innocent party during a divorce and should not suffer because the parents can no longer maintain their relationship.  The amount is determined by a formula that calculates the earning potential of each spouse.

Oklahoma is an equitable division state in determining the division of the marital estate.  At the time an action is filed the parties to the divorced are enjoined from disposing of any property without court consent until property division is decided.  All property obtained during the marriage regardless of how it is titled is considered part of the marital estate.  The judge divides the property in a way that is considered fair but not necessarily equal.