Divorce Laws in Oklahoma
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce laws in Ohio
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Oklahoma are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Oklahoma so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Oklahoma Divorce Laws: What You Need to Know
Did you know that Oklahoma has one of the lowest divorce rates in the country, with only 3.4% per 1,000 of the population? That’s quite below the median! But if you do find yourself needing to end your marriage, it’s important to understand the divorce laws in Oklahoma.
First, let’s talk about the grounds for divorce. In Oklahoma, you can file for either no-fault or fault divorce. If you choose the no-fault option, you won’t need to provide any proof to the court. However, if you go with a fault-based divorce, you’ll need to verify the reason for your split.
Next, it’s worth noting that in Oklahoma, divorce is the only option for ending a marriage – annulment isn’t an option. However, there are some circumstances under which a marriage can be declared void.
- Now, let’s take a closer look at the different divorce grounds in Oklahoma:
No-Fault Divorce Grounds in Oklahoma
- Incompatibility: If you and your spouse simply can’t make it work and are incompatible, you can file for no-fault divorce.
Fault Divorce Grounds in Oklahoma
- Abandonment for One Year: If your spouse has left you for a year or more, you can file for divorce on these grounds.
- Adultery: If your spouse has cheated on you, you can file for divorce.
- Impotency: If your spouse is unable to perform sexually, you can file for divorce.
- Extreme Cruelty: If your spouse has been abusive or harassing, you can file for divorce on these grounds.
- Pregnancy before Marriage: If your spouse was pregnant with someone else’s child when you got married, you can file for divorce.
- Habitual drunkenness: If your spouse is addicted to drugs or alcohol and it’s affecting your marriage, you can file for divorce.
- Imprisonment: If your spouse is in prison for a felony when you file for divorce, you can use this as a grounds for divorce.
- Permanent and Incurable Insanity: If your spouse is mentally ill and it’s unlikely they’ll ever recover, you can file for divorce.
- Gross Neglect in Duties: If your spouse isn’t fulfilling their duties as a spouse, you can file for divorce.
- Fraudulent Contract: If your spouse misrepresented themselves in some way when you got married, you can file for divorce.
Dealing with the court system can be complex, so it’s a good idea to work with a divorce lawyer or attorney. They can help you navigate the process and ensure that your rights are protected.
Remember, divorce is never an easy decision, but understanding the laws in Oklahoma can help you make the best choice for your situation. Contact a legal professional for more information.
Oklahoma: Divorce Laws
Divorce is a tough decision, and filing for one in Oklahoma can be even tougher. Before getting started, make sure you meet the residency requirements of the state. If either you or your partner hasn’t lived in Oklahoma for at least six months, the court won’t be able to hear your case. So, take the time to get settled in before diving into divorce proceedings.
Once you’re ready, make sure you have all the necessary documentation in order. The required documents vary based on the complexity of the case, but at a minimum, you’ll need to file a Complaint for Divorce and a Final Decree of Divorce. Additionally, you may need to submit an Affidavit of Corroborating Witness, Financial Affidavit, Marital Settlement Agreement, and an Affidavit Regarding the Custody of Children. Sounds like a lot, right? But don’t worry, your divorce attorney can help guide you through the process.
Now, let’s talk about property distribution. Oklahoma is an “equal distribution” state, which means that marital property must be split equally between spouses. If you can’t come to an agreement on your own, the court will have the right to distribute the property as they see fit. They’ll follow a three-step process to determine what property is considered marital, assign a value to it based on local real estate prices, and then divide it in a way that satisfies both parties. So, if you’re looking to keep that vintage record collection, make sure you have a solid argument to present in court.
After the divorce is finalized, either partner can restore their former name by submitting a formal request. But before you get to that point, you’ll need to go through mediation counseling if you have minor children. The court may also award alimony to one spouse if they feel it’s necessary, based on the value of their personal or real property. And when it comes to child custody, the courts are more open to shared or joint legal custody, but will scrutinize shared or joint-physical custody more closely to ensure the best possible outcome for the child.
So, that’s the rundown on Oklahoma divorce laws. Remember, it can be a tricky process, so don’t hesitate to reach out to a professional divorce attorney for guidance. They can help ensure that your case is heard and that you come out the other side with a fair outcome.
Oklahoma Annulment Laws:
It’s never easy to admit that a marriage isn’t working out. But when it’s illegal, there’s no other option but to get an annulment. While divorce is the termination of a legal marriage, an annulment is a decree that declares a marriage never existed in the first place. In Oklahoma, the annulment laws state that the court can declare a marriage void for certain reasons.
- Mental Incapacitation
If your spouse is mentally incapacitated, they can’t legally enter into a marital contract. It’s an Oklahoma annulment law that protects vulnerable individuals from being taken advantage of. If you find yourself in this situation, you can obtain an annulment in Oklahoma.
- Underage Marriage
According to Oklahoma annulment laws, you must be of legal age to get married. If a person has not attained the legal marriageable age specified by Oklahoma marriage laws, then they cannot legally get married. If you were too young when you got married, you can get your marriage annulled in Oklahoma.
- Fraud
Getting married under false pretenses is a serious offense. If your spouse obtained your consent for marriage by fraud or by misrepresenting themselves, you can get an annulment in Oklahoma. This is a legal ground for annulment and one that you should take seriously.
- Incest
Marriage between close-blood relatives is illegal in Oklahoma. The state’s annulment laws restrict marital contracts between mother-son, father-daughter, uncle-niece, brother-sister, and the like. If you find yourself in this situation, you can get your marriage annulled in Oklahoma.
- Impotency
If your spouse is impotent, you can get your marriage annulled in Oklahoma. While this might be a sensitive topic, it’s a valid annulment ground according to Oklahoma annulment laws. If you’re experiencing this problem, don’t hesitate to seek legal help.
Annulment is a serious matter, and it’s imperative that you understand your rights and the legal grounds for annulment in Oklahoma. Whether you’re dealing with mental incapacity, fraud, or impotency, there are legal remedies available to get out of an illegal marriage.
Oklahoma Divorce Laws: FAQs
Divorce can be a difficult process, but knowing the basics of Oklahoma divorce laws can help make things easier. Here are answers to some frequently asked questions:
What is the residency requirement for Oklahoma divorce?
According to Oklahoma divorce laws, the plaintiff must be residing in the state for at least six months to file for divorce.
What is a retainer fee?
A retainer fee is an advance payment made to your divorce lawyer. Most divorce lawyers in Oklahoma charge hourly fees and submit invoices to their clients regularly, detailing the hours worked on their case.
Do I have to pay more after paying the retainer fee?
In contested divorces, it can be difficult to predict the total fees of a divorce lawyer. This is because divorce lawyers in Oklahoma charge their fees on a per-hour basis, and the time spent on the client’s case can be unpredictable.
How long does it take to get divorced in Oklahoma?
If there are minor children involved, it usually takes about 90 days to finalize the divorce. For divorces without children, the process is quicker and takes only 10 days in Oklahoma.
Who is responsible for paying child support?
According to Oklahoma divorce laws, the non-custodial parent is responsible for paying child support after the divorce is finalized.
How is the child support amount calculated?
The child support amount is calculated using the Oklahoma Child Support Guidelines. The court takes into account the number of children and the gross monthly income of both parties to estimate the child support amount.
How does the court decide child custody?
There are two types of custody in Oklahoma: sole custody and joint custody. Sole custody is granted to one spouse, while joint custody allows both spouses to make decisions regarding the child’s education and medical care.
What is support alimony?
Support alimony is the amount paid by one spouse to another after the divorce is finalized. This is usually done on a monthly basis to support the “ex” spouse during the transition period.
Do I need to hire a divorce attorney?
While there is no legal requirement to hire a divorce attorney, it is highly recommended. A divorce attorney can help you navigate the legal process and ensure that your rights are protected.
Do both spouses need to be residents of Oklahoma?
No, only one spouse needs to be a resident of Oklahoma to file for divorce in the state.
By understanding these basic Oklahoma divorce laws, you can make informed decisions and proceed with confidence during this difficult time.