Oklahoma Divorce Law

Residency Requirements:

Either spouse must have been a resident of Oklahoma for 6 months immediately prior to filing for divorce. The divorce may be filed for in the county in which the plaintiff has been a resident for 30 days or in the county where the defendant resides.

Legal Grounds for Oklahoma Divorce:

No Fault Divorce:        

• Incompatibility

General or Grounds Based Divorce:       

• Impotence        
• Adultery        
• Abandonment for 1 year        
• Imprisonment        
• Confinement for incurable insanity for 5 years        
• Cruel and inhuman treatment        
• Fraud        
• Habitual intemperance (drunkenness)        
• The wife pregnant by another at the time of the marriage        
• Gross neglect        
• A foreign divorce which is not valid in Oklahoma

Legal Separation in Oklahoma:

A spouse may sue the other spouse for separate maintenance without filing for divorce. The action may be brought in any county where either spouse resides. The grounds for requesting non-divorce-based alimony are:        

• Impotence        
• Adultery        
• Abandonment for 1 year        
• Imprisonment        
• Confinement for incurable insanity for 5 years        
• Cruel and inhuman treatment        
• Fraud        
• Habitual intemperance (drunkenness)        
• The wife pregnant by another at the time of the marriage        
• Gross neglect        
• Incompatibility

Divorce Mediation or Counseling Requirements:

The court may appoint an arbitrator for joint custody disputes which take place after a divorce.

Alimony/Spousal Support in Oklahoma:

Alimony may be awarded to either spouse. The award may be in money or property, in lump sum or installments, having regard for the value of the property at the time of the award. Marital fault is not a consideration. There are no other factors for consideration set out in the statute. Alimony payments may be required to be paid through the clerk of the court.

Child Custody in Oklahoma:

It is important to know that when a court decides custody, it is deciding both physical custody and legal custody. Most Oklahoma custody orders combine the terms into one term, simply referring to “custody” and unless set out separately “legal custody” and “physical custody” are included in the one term, “custody.”

Physical custody refers to where and with whom the child lives. Legal custody refers to a parent’s right to make decisions about the child’s education, medical care, religion, etc. In either case, the court can award either sole or joint custody. The different types of physical and legal custody are:

• Sole Legal Custody – only one parent has the right to make legal decisions for the child about education, health care, religion, etc;
• Joint Legal Custody – both parents have the right to make legal decisions for the child about education, health care, religion, etc;
• Sole Physical Custody – the child lives with one parent and the other has specific visitation rights; or,
• Joint Physical Custody – the child resides with each parent for a substantial amount of time during the calendar year.

The court can also make a “Temporary custody” order. Temporary custody refers to a physical and legal custody agreement made by the parents or ordered by the court that is in place until a final order from the court is entered. It is important to know that the court’s final order may not be the same as the temporary order.

Factors considered when deciding custody:In Oklahoma, to determine custody between parents of a child, the court will decide what is in “the best interests of the physical, mental and moral welfare of the child.” To do that, a court may consider factors such as:

• • The wishes of each parent and sometimes the child (depending on the child’s age);• The quality of the relationship between the child and the parents;

  • The relationship with grandparents, siblings and or other significant people in the child’s life;

  • The child’s relationship to his or her school, religious institution and community;

  • The mental and physical health of all parties;

  • Any past, present or possible future spousal or child abuse by either parent;

  • Any past or present drug or substance abuse by either parent;

  • Any past or present criminal actions by either parent other than minor infractions or less serious crimes that were committed a long time ago with no recent criminal actions;

  • Which parent has been involved in the past in getting the child to doctor and dentist appointments;

  • Which parent has been involved in the child’s schooling, attending parent teacher conferences and going to school functions;

  • Which parent is most likely to provide a safe home environment for the child and not engage in activities in the home that can cause health problems for the child. Some judges like to find out who smokes in the home – especially if the child has asthma or allergies. Another safety issue is using a car seat for younger children;

  • The willingness of a potential custodial parent to foster a relationship and visitation with the other parent;

  • The stability in the child’s home life that a parent is able to provide for the child;

  • A parent’s ability to provide for the material needs of the child;

  • The demonstrated ability of each parent to make good decisions regarding the child’s welfare. Whether there are siblings or half-siblings with established close relationships (courts tend to keep siblings together.); and,

  • A parent’s ability to spend time with the child.

  Can my child choose whom to live with?

  Yes, if the court decides that it is in his/her best interest to do so. The amount of weight the court gives the child’s preference depends on the judge and the age of the child.

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Child Support in Oklahoma:

In Oklahoma, the first step in calculating child support is to determine each parent’s adjusted gross income and add the numbers together to arrive at combined gross monthly family income. Gross income can be calculated in several ways, including:

• Actual monthly income or income equivalent to a forty-hour work week (overtime may or may not be included as the court deems equitable)
• Average monthly income while employed during the previous three (3) years
• Minimum wage paid for a forty-hour work week, or
• Imputed monthly income for a person with comparable education, training and experience.
• For the self-employed, gross income is defined as “gross receipts minus ordinary and necessary expenses required for self-employment or business operations.”

The Oklahoma Child Support Guideline Schedule is used to determine the parents’ base child support. The schedule is based on the combined income of both parents and the number of children in the household. Each parent’s percentage share of the combined gross monthly family income sets that parent’s percentage share of the base child support obligation. The parent who is not the primary custodian of the child generally becomes the “obligor,” and pays the primary custodian his or her share of the base support.

The actual medical and dental insurance premiums for the child are allocated between the parents in the same proportion as their adjusted gross income and added to the base child support obligation.

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Divorce Property Distribution in Oklahoma:

Oklahoma is an “equitable distribution” state. Each spouse is entitled to keep:        

• The property owned by him or her before the marriage (and)        
• Any gifts or inheritances acquired during the marriage.

All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to 1 spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are:

• The way in which the property in question was held (and)
• The time and manner of the acquisition of the property.

Disclaimer: The divorce law information provided is for informational purposes only not for legal advice purposes. This information is general in nature. Each jurisdiction has specific code and court procedures. A local divorce attorney is your best source for how divorce is treated in your jurisdiction. Before making any legal decisions we encourage you to consult with a local attorney…do not make decisions based on general state divorce law.