Divorce, or the “dissolution of marriage,” is the usual way Oklahomans end their marriages. The dissolution of a valid marriage entails meeting certain statutory requirements and making certain arrangements pertaining to how marital property is to be divided, as well as how child support, alimony and child custody are to be allocated. For a general understanding of divorce in Oklahoma City, read the following.
Grounds for Divorce in Oklahoma City
The legally-accepted grounds for divorce in Oklahoma City are:
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Abandonment.
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Adultery.
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Impotency.
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Your wife getting pregnant by another man.
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Extreme cruelty.
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Fraud.
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Habitual Drunkenness.
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Gross neglect of spousal duties.
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Imprisonment in a state or federal institution.
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Obtaining a divorce decree from another state that does not release you from divorce in the state of Oklahoma.
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Insanity for five years or more.
In addition, Oklahoma offers you the option of filing for divorce on a no-fault basis, for instance due to irreconcilable differences or estrangement.
The Division of Property
You and your spouse are allowed to decide amongst yourselves how your marital property is to be divided during your divorce. When you cannot come to an agreement, a judge of an Oklahoma divorce court will do it for you.
Oklahoma courts divide marital property based on the concept of “equitable division.” This does not entail dividing property equally, but equitably according to each spouse’s individual contribution to the total amount of marital property with consideration given to what might be in the best interest of your children.
Child Custody
Child custody in Oklahoma is determined based on what is in the best interest of the children. It is generally assumed that it is in the best interest of your children to have frequent contact with both parents. So, Oklahoma courts will provide joint custody of the children, whenever possible.
Child Support
In Oklahoma, each parent has a legal obligation for the support of their children. You as parents have the option of deciding amongst yourselves how financial support for your children will be allocated between you. However, if you cannot come to an agreement, the court will make the decisions for you by ordering one parent, usually the noncustodial parent, to pay child support to the custodial parent.
The amount of child support to be paid will be determined based on a variety of factors: chiefly, the individual incomes of the parents, how custody is shared and the specific needs of the children.
Alimony
In Oklahoma, financial support in the form of alimony payments may be ordered to be paid by one spouse to the other, for a specified period of time, during or following the divorce, in order to remedy the disparity in income and financial resources between spouses that may exist once they divorce.
Alimony is typically awarded after long marriages, or after a marriage in which one spouse did not work or was a homemaker. You and your spouse may agree on the terms of alimony to be paid. However, if you cannot come to an agreement, the court will determine how much is to be paid, to whom and for how long.
Typically, once ordered, alimony must be paid until:
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The receiving spouse remarries.
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It is determined that the receiving spouse has not made sufficient effort to become self-supporting.
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Either spouse dies.
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There are no dependent children remaining in the receiving spouse’s household.
Other Aspects of Divorce in Oklahoma City
In order to file for divorce in Oklahoma, at least one of the spouses must be a resident of the state of Oklahoma for at least 6 months. In addition, once you are divorced, you are prohibited from entering into a marriage again within six months of your divorce decree. While doing so will not render your marriage invalid in the state of Oklahoma, remarrying within six months of your divorce decree will allow the marriage to be voidable, if either party seeks to annul the marriage during that six-month period.
Consultation: Oklahoma City Divorce Attorney
For a consultation with an Oklahoma City divorce attorney, call Wirth Law Office- Oklahoma City at (405) 888-5400. You can also submit an email question from the top right corner of this page. We will respond as quickly as possible to all questions.
