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Oklahoma Divorce Law

Divorce Laws in Oklahoma

According to Oklahoma divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of incompatibility. Fault grounds can include, but is not limited to, adultery, abandonment and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of Oklahoma for six months prior to filing for divorce in OK.

Alimony & Equitable Distribution in Oklahoma

Oklahoma is known as an equitable distribution state. According to the divorce laws in Oklahoma this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Marital fault may not be taken into account in this decision.

Oklahoma Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Oklahoma divorce law, is the best interest of the children. However, under OK divorce laws, there is no preference for or against joint or sole custody. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Oklahoma. Expect to pay child support until the age of 18, or until the child is a high school graduate.





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