- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
Read more → -
Divorce & Family Law Summary
Each state enacts divorce laws using its respective legislative process. Once legislation is enacted, the divorce courts in Oklahoma have the authority to manage the divorce proceedings, including spousal and child support payments, parental custodial rights, and property division.
Since state laws are frequently repealed and amended, you should consult an experienced divorce lawyer before making important decisions about your marriage.
All states, including Oklahoma, allow for “no-fault” divorce. However, Oklahoma divorce courts still consider the respective parties’ past behavior when determining the division of community property and debts and child custody and support.
Residency Requirement
One or both of the parties must, in good faith, be an actual resident of Oklahoma for six months preceding the filing of the divorce petition.
No-Fault Grounds For Divorce
In Oklahoma, a “no-fault” divorce can be granted without either party proving fault or wrongdoing by the other spouse. While Oklahoma statutes still technically list “fault-based” grounds for divorce, the most commonly used ground is “incompatibility,” which is essentially a no-fault concept.
Fault-Based Grounds For Divorce
A divorce may be granted for any of the following statutory causes:
- Abandonment
- Adultery
- Impotence
- When the wife, at the time of her marriage, was pregnant by someone other than her husband
- Extreme cruelty, including domestic violence
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment in a state or federal penal institution
- Insanity
Legal Separation
An action for legal separation may be brought in the county in which either party is a resident when filing the petition.
Mediation
In all actions for divorce, separate maintenance, guardianship, paternity, custody, or visitation, including modifications or enforcements of a prior court order, the court may order the parties to mediation.
Property Distribution
Oklahoma is an equitable distribution state. The court shall enter its decree confirming each spouse’s ownership of the property they owned before marriage and the property acquired after marriage by them in their own right.
Property acquired jointly during their marriage shall be divided between the parties in a just and reasonable manner, subject to any legally valid prenuptial contracts.
Alimony
Alimony (spousal support) may be awarded in Oklahoma, but it is not automatic. The court considers various factors, including the length of the marriage, each spouse’s earning capacity, and each spouse’s contribution to the marriage.
Child Custody
The court may jointly grant child custody and control to either parent or both parents. In awarding the possession of a minor unmarried child or appointing a general guardian for said child, the court shall consider what appears to be in the best interests of the child’s physical, mental, and moral welfare.
When awarding child custody to either parent, the court must consider, among other facts, which parent is more likely to allow the child or children to have frequent contact with the non-custodial parent.
The court must not prefer a parent as a custodian of the child because of the gender of that parent.
Divorce and family law courts strongly discourage the manipulation of children through acts of parental alienation.
Child Support
Child support in Oklahoma divorce cases is determined using a specific set of guidelines established by state law. These guidelines are based on a calculation that considers the combined gross income of both parents and the number of children.
The district or administrative court may deviate from the amount of child support indicated by the child support guidelines if the amount of support shown is unjust, inequitable, unreasonable, or inappropriate under the circumstances or not in the child’s best interests.
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges.
Name Change of Spouse
When a divorce is granted, the wife shall be restored to her maiden or former name if desired. The spouse may also obtain a name change after the divorce.
Watch Tulsa Divorce Attorney James Wirth Explain How Property is Divided In Divorce Matters:
Oklahoma Child Support Enforcement
PO Box 248822
Oklahoma City, Oklahoma 73124
OKC Metro: (405) 522-2273
Toll Free: (800) 522-2922
Oklahoma Courts
Oklahoma Court System has 77 District Courts with jurisdiction over civil and juvenile cases.
