Divorce Guide

Divorce Guide

Getting a divorce in Oklahoma

Getting a divorce in Oklahoma is hard and complicated. Divorce in the state become complex when you look at issues of dividing property, pensions, and other things accumulated during a marriage in the state. Sometimes, it is possible that your spouse could end up owning things which you owned before you got married. The complexity of the case even rises when children are involved in the divorce proceedings. The issues related to Oklahoma divorce are discussed below.

Grounds for Divorce in Oklahoma

  • Abandonment for a year
  • Adultery and impotency
  • Incompatibility and extreme cruelty
  • Fraudulent contract and habitual drunkenness
  • Neglecting marital duty
  • Imprisonment for doing a crime

Residency Requirements

Either of you should be a resident of Oklahoma for at least six months prior to filing for divorce. A divorce case generally begins when one spouse files a petition for divorce in the county’s district court. You can file your case in the county where you’ve been residing for 1 month, or the county where your spouse resides.

Division of Property

All the assets and debts acquired during your marriage, known as marital property is divided equitably in Oklahoma when you divorce. Each spouse keeps his/her separate property, which includes property owned before marriage and inheritances or gifts received during marriage. Fault is not considered to be a factor in property division.

While getting a divorce in Oklahoma, always be ready with information on your property and its relevant details as you might need to present it to your lawyer to fight your case. Hiring an Oklahoma divorce lawyer could save you a lot of time and money.

Spousal Support

In Oklahoma, the court can order alimony or spousal support to either spouse. Alimony could be in the form of property or money. If alimony is in the form of money, it may be made payable in a lump sum or in installments. Marital fault is not considered to be a factor when awarding alimony. Also, temporary alimony could be awarded while the divorce is pending.

Child Custody and Visitation

Based on the interests of the child and its preferences, the court may order joint or sole custody. Custody or visitation with a child will not be approved by the court if it thinks that doing so may put the child to a risk of harm.

Factors while deciding child custody include, which parent is in favor of supporting the child’s relationship with the other parent. Plans for joint care, custody and control of the child must be filed with the court by either or both parents if they request for a joint custody. The court would not modify the plan unless the modifications are in the best interests of the child.

A custody order could be modified or even changed whenever circumstances require them to do so.

Getting a divorce in Oklahoma involves major issues such as the issue of the grounds for divorce itself, parental rights and responsibilities, spousal support (alimony), and the division of the marital property and debts. All these issues are of great importance in an Oklahoma divorce.

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