Oklahoma Family Law Resources

Take some time to go through our Oklahoma divorce and child custody articles. Understanding the divorce process in Oklahoma can help you communicate effectively with your divorce lawyer, and this can greatly assist you as you navigate the challenges of Oklahoma family court.

• Oklahoma Discovery Process
• Oklahoma City Fathers’ Rights
• Oklahoma Child Custody Questions
• Divorce in Oklahoma FAQs

Oklahoma Divorce Process

The Oklahoma divorce process consists of several important steps you should keep in mind throughout the endeavor.

The Petition for Dissolution of Marriage

The first step in the divorce process is filing a Petition for Dissolution of Marriage in the Oklahoma county you live. You must serve your spouse this form in person. Mailing this form is not considered good service for serving the initial Petition for Dissolution of Marriage upon the other party. If the opposing party cannot be located for service, Oklahoma allows the Petition to be served by publication in the local newspaper.

Discovery

The discovery process is only applicable in divorces where you and your spouse disagree about the terms. During discovery, you, your spouse, and your attorneys will pursue several different activities relevant to the divorce, including the following:

• Identify debts, assets, and witnesses.
• Exchange information regarding taxes, health care, bank accounts, credit card statements, and more.
• Ask relevant questions and answer questions asked of you.

Keep in mind that it is most beneficial to answer any questions asked of you in a timely manner to keep costs down and minimize the length of the overall process.

Settlement Negotiations

After discovery, you and your spouse will sit down to see if you can come to an agreement. A neutral mediator may be needed if the situation between you two is particularly volatile. If you can come to an agreement, you are free to file a divorce settlement agreement. Without an agreement, however, you will have to proceed to court hearings.

Court Hearings

Both you and your spouse will have the opportunity to argue for your side in front of a judge. This will include providing evidence of fault if you are pursuing a fault-based divorce. These court hearings are primarily to determine the solution for contested issues such as the following:

• Property and debt division
• Alimony
• Child support
• Child custody and visitation

Final Divorce Decree

At the conclusion of the court hearing and typically after a waiting period, the final divorce decree is issued, solidifying the terms of the divorce. Certain terms regarding child custody, child support and alimony can be modified in the future if circumstances change, but the final divorce decree signifies the official legal end to the marriage.

Related Resource: What Experts Should I Use in My Divorce or Modification?

Oklahoma Residency Requirements

The divorce is initiated by filing a petition. The petition should be filed in the county court where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in Oklahoma for at least six months.

There is a 90-day waiting period after the petition is filed before a divorce can be granted if there are minor children involved. If no children are involved, there is only a 10-day waiting period.

Grounds for Divorce in Oklahoma

A divorce in Oklahoma may be granted upon one of several grounds. The vast majority of divorces are granted on a no-fault basis, meaning that the marriage is beyond any reasonable hope of reconciliation. A divorce may also be granted for adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others.

Oklahoma Property Division Process

In the divorce decree, the court must divide all the marital property. Marital property is all the property acquired during the marriage by the husband and wife. How property is titled is not determinative of its character.

Separate property is that owned before marriage or acquired by gift or inheritance before or during the marriage. The court cannot give the separate property of one spouse to the other spouse, except with the owner’s agreement. Therefore, the court must decide whether each item is marital or separate property.

Generally, property acquired and debts incurred during the separation but before the divorce is final are considered separate property. Unless proven otherwise, the court will presume that all property owned by the parties is marital property. No agreement by the parties and no court order in a divorce proceeding can affect the right of creditors to attempt collection from either party. However, a court can order one party to pay particular debts.

Related Article: 10 Quick Property Division Tips

Oklahoma Child Custody Laws

In deciding child custody and visitation, the court considers the child’s best interests. The court will consider such factors as:

• Parental abilities;
• Emotional and physical needs of the child;
• The desires of the child;
• Plans of the parents;
• Stability of the homes; and
• Acts or omissions of the parent.

In Oklahoma, custody has two components: legal custody and physical custody. Legal custody concerns the decision making authority for the child, while physical custody concerns the amount of time the child spends with each parent. Oklahoma calculates custody based upon which parent has more overnights with the child per calendar year.

Under a sole custody arrangement, one parent has the sole decision-making authority for the child and has physical custody of the child, while the other parent has visitation time with the child. Joint custody provides the parties share decision-making authority and time with the child.

Related Article: Oklahoma Child Custody FAQ

Oklahoma Child Support

Oklahoma follows the income-sharing approach when calculating child support based on the parties’ combined gross income. The law contains a child support guideline which is used to determine the amount of child support. Both parties will be responsible for payment of the child’s health insurance premium and daycare through the child support amount. Oklahoma has no child support cap.

Child support orders generally continue until the child reaches age 18 but can last longer under certain conditions. All court orders dealing with children from a divorce are modifiable if there is a material change in circumstances. The court in Oklahoma cannot order a parent to pay for college.

Oklahoma Spousal Support

In Oklahoma, there are two types of alimony: support alimony and property division alimony.

Support alimony is awarded to provide the receiving party with some level of financial assistance while they transition post-divorce. Support alimony can be paid as a lump sum or through installments. Support alimony may be modified based on a showing of a permanent, substantial change of circumstances.

Property division alimony is ordered in cases where the property is disproportionate. The property division alimony is paid to offset the difference and is not modifiable.

While some states have formulas on how to arrive at an alimony award, Oklahoma has a guideline. The person seeking alimony must prove (1) a need for alimony and (2) that the payor has the ability to pay. It is in the Court’s discretion as to the amount and duration of the alimony.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

At Cordell & Cordell, we advocate for men and fathers in the Oklahoma family court system. With an unrelenting commitment to aggressively representing you in court and compassion toward your case, we have offices in over 30 states across the country. Our Oklahoma-based divorce attorneys are knowledgeable about local law and can represent you confidently and with strength of experience in your divorce case. Take a look at what some of our previous clients had to say about our services.

“[My attorney] is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. […] If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” — Jeffrey M.

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

Unwavering Support for Men in Family Court

Cordell & Cordell is a large law firm that helps men and fathers with various family law issues, including divorce, alimony, child custody, child support, and more. We offer the same high level of service we would want should we ever find ourselves in a similar situation. Get in touch with our team today at 866-DADS-LAW or by filling out our online contact form to get started with an initial consultation.