Oklahoma Residency Requirements Pre-Divorce
In order to be eligible to file for divorce in Oklahoma, either spouse must have been an actual resident, in good faith, of the state, for the six months immediately preceding the filing of the petition. If the parties are residents, then the next step is filing the action in the county where either the petitioner (spouse filing for divorce) has been a resident for the 30 days immediately preceding the filing of the petition or in the county where the respondent (spouse being served divorce papers) is a resident.
Legal Grounds for Divorce in Oklahoma
The following are acceptable grounds parties may cite when filing for divorce in Oklahoma:
- Abandonment for one year
- If the wife was pregnant by another man at the time of the marriage to the current husband
- Extreme cruelty
- Fraudulent contract
- Habitual drunkenness
- Gross neglect of duty
- Insanity for a period of five years.
The Remarriage Clause
After being granted a divorce decree, parties are not allowed to remarry anyone other than the divorced spouse for the six months immediately following the divorce decree.
Property Distribution Rules
Oklahoma is an equitable distribution state, which means all marital assets will be divided fairly but not necessarily evenly.
Alimony (Spousal Support)
Either spouse may be awarded alimony in Oklahoma as the court deems reasonable. Alimony may be awarded either from real or personal property, or both, payable either in one gross sum or in installments.
Child Custody Arrangements
Child custody will be granted to parent or to the parents jointly. The court shall make a decision based on the best interests of the child. The gender of the parent is not taken into account.
Hiring an Experienced Oklahoma Divorce Lawyer
With all these rules and regulations surrounding a divorce filing, it can be easy to become swept up in the legal jargon. During a time when tensions are high in the family, you need to be sure your case will run as smoothly and quickly as possible. For these reasons, it is always wise to hire an experienced Oklahoma divorce attorney, so you and your loved ones can have peace of mind that your rights will be protected.
Your attorney will handle property division, child custody arrangements and alimony allotment, always considering your best interests. Consult with one of our featured divorce lawyers in Oklahoma today to get started on your case.