Divorce Guide

Divorce Guide

Oklahoma Divorce Rights

Oklahoma is one of the fifty states of the USA which have their own exclusive divorce related laws. A person in order to exercise his/her Oklahoma divorce rights has to meet the residency requirements of the state before filing the divorce case. The plaintiff must be a resident of the state for a minimum period of six months. If the district court in Oklahoma at any time discovers that the residency requirements have not been fulfilled by the plaintiff, it has all the jurisdictional rights not to accept the case and dismiss the case at any stage of the case.

Any defense personnel who have been posted on any of the United States military reservations in the state of Oklahoma can also file the case in Oklahoma, provided he/she has been living in the state for six months. The petition could be filed in the district court of any of the counties of the state. Some of the documents required at the time of filing the petition are the petition for the divorce and the decree of divorce. The court also asks the plaintiff to submit a domestic relations cover sheet, marital settlement agreement, a notice of final hearing, a declaration under the uniform child custody.

It is the district clerk’s office in Oklahoma that makes the two parties aware about their Oklahoma divorce rights. This district clerk’s office keeps the two parties informed about the developments of the case and keep on communicating with the parties concerned.

Grounds of filing a divorce case in Oklahoma

The plaintiff has to declare appropriate Oklahoma divorce grounds in order to make the best use of Oklahoma divorce rights. Without an appropriate ground to seek the divorce no party can approach the court. One of the No-Fault grounds which are considered appropriate by Oklahoma divorce rights is the incompatibility between spouses. Under this ground it is discovered by the court that any scope of reconciliation between the spouses will be futile and the dissolution of the marriage is inevitable.

Some of the fault grounds recognized by Oklahoma divorce rights are adultery, impotency, wife’s pregnancy by a man other than her husband, habitual drunkenness, fraudulent contract, abandonment of the partner for a period of one year or more, gross neglect of family responsibilities, imprisonment or a life sentence of the defendant.

Deciding the appropriate grounds for the dissolution of the marriage is not the only important feature of Oklahoma divorce rights. The laws make it obligatory that the two parties must abide by the decree of the court which concludes the property distribution between the two parties. Since Oklahoma divorce rights recognize Oklahoma as a state which follows the principle of equitable distribution, the property of the couple is divided between them in a fair manner.

Although alimony or temporary support is an important feature of Oklahoma divorce rights, it is not awarded in all cases. The alimony support is awarded on the basis of the merit of the case. Same applies on the issues of child support and child custody.

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