A divorce is a difficult, stressful and emotional process.  You will be making important decisions that will permanently change your life.   Some of the more common, initial questions about divorce are answered below.

Q:    Can I get a divorce in Oklahoma and if so, in what county must the action be filed?
A:    Oklahoma law requires that one of the parties to the marriage must have been a resident of the State of Oklahoma for the six months prior to the filing for a divorce and a resident of the county in which the divorce action is filed for thirty days prior to filing.

Q:    What are the grounds for divorce in Oklahoma?
A:     Oklahoma is a “No Fault” divorce state.  This means that the cause for the divorce may be simply “incompatibility.”  This allows the parties to obtain a marital dissolution without finding fault on the part of either party.  It also means that a party may seek and obtain a divorce even though the other party may not want to do so.

Q:    How long does it take to obtain a divorce?
A:     divorce without minor children may be obtained after ten days have passed since the filing of the Petition for Dissolution of Marriage.  If there are minor children involved, at least thirty days must pass since the filing of the Petition.  These, of course, are the minimum amounts of time that are required, most divorces require longer time periods depending on the issues that must be considered and agreed upon by the parties or the court.

Q:    I have minor children – what about custody, visitation and child support?
A:    Child custody and visitation are often the most problematic issues in a divorce case.  Generally speaking,  a determination has to be made as to what custody and visitation arrangement would most like give your child(ren) the best chance of doing well psychologically, socially, academically and physically.

Physical custody means the actual amount of time the child(ren) will spend with each parent.  This can range from equally to almost none at all.  The term “joint custody” means the determination of how much say each party will have in certain major decision affecting the child(ren) such as what school will be attended, what physicians to use, religious training and the llike.  Visitation is the determination of the amount of time that the minor child(ren) will spend with the non-custodial parent.

Child support is determined by Oklahoma statute which include child support guidelines.  The guidelines use a method based on the combined gross monthly income of both parents.  A calculation is made to determine each parent’s share of child support due.  If a parent is unemployed or underemployed, the income amount may be imputed to either minimum wage or the parent’s past income and education level.

Q:    What about the division of property and debts?
A:    Oklahoma uses the “equitable distribution” of property doctrine which means that property (and debt) is to be divided equitably or fairly between the parties.  This may, but does not necessarily mean, equally.

Q:    What about spousal alimony?
A:    There are no statutory guidelines for calculating an award of support alimony in Oklahoma.  Oklahoma case law defines support alimony as a need-based concept.  The purpose of support alimony is to provide an able-bodied but economically inferior spouse with a reasonable opportunity for post-marital economic adjustment.  It is rehabilitative in nature contemplating the need to assist a divorced person in regaining a useful and constructive role in society through vocation or therapeutic training or retraining and the ability of the other party to pay.  There are some twenty-one different circumstances that the court may consider in awarding alimony and determining the amount.  Therefore the need for, and amount of, spousal alimony is factually intensive and can prove to be a hotly contested issue between parties.

Q:    After the divorce, do I have to wait to remarry?
A:    Oklahoma statute prohibits a person from remarrying for a period to six months after the finalization of a divorce, unless the marriage is to a former spouse.

I trust that these answers will assist you in understanding some of the basic issues that can arise in a divorce action.  Of course, there are many variations and nuances in each of these issue categories.  To provide you with a more complete understanding of the process and answer your questions about divorce in Oklahoma, please contact me this office schedule an appointment.