Oklahoma Divorce Resources
The following information is a resource on divorce law in the State of Oklahoma. You can also find divorce professionals, forms, support, and state laws. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce Forms Separation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Oklahoma Child Support Calculator Child Support Enforcement |
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DIVORCE LAWYERS AND FIRMS
The Abernathy Law Firm, P.C.
406 South Boulder Ave., Ste 411
Tulsa, OK 74103
Business Phone: 918-382-0455
Need a Divorce Lawyer?
UNCONTESTED DIVORCE FORMS
WITH NO Children- No Children and No Marital Home
- No Children and Dividing Proceeds From the Sale of Marital Home
- No Children and Transfer of Marital Home From One Spouse to the Other
- With Children and One Parent Has Legal and Physical Custody
- With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Oklahoma. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Oklahoma divorce form preparation today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
OKLAHOMA DOMESTIC VIOLENCE RESOURCES
Domestic Violence, Rape, & Sexual Assault Crisis AssistanceCoalition Against Domestic Violence and Sexual Assault
OKLAHOMA DIVORCE LAW SUMMARY
General Divorce InformationComplete Divorce Statutes
RESIDENCY REQUIREMENTS AND WHERE TO FILE: At least one spouse in an action for divorce or annulment must have been an actual resident for six (6) months immediately preceding the filing of the petition. Such an action may be filed in the county in which the petitioner has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the respondent is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district. [Based on Oklahoma Statutes; Title 43, Sections 102 and 103]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted for any of the following causes:
- Abandonment for one (1) year.
- Adultery.
- Impotency.
- When the wife at the time of her marriage, was pregnant by another than her husband.
- Extreme cruelty.
- Fraudulent contract.
- Incompatibility.
- Habitual drunkenness.
- Gross neglect of duty.
- Imprisonment in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
- The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
- Insanity for a period of five (5) years, which may be proven by a thorough examination by three physicians, one of which shall be a superintendent of the hospital or sanitarium in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending. Any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery. However, no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for divorce has been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action. A decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant. [Based on Oklahoma Statutes; Title 43, Section 103]
LEGAL SEPARATION: An action for legal separation may be brought in the county in which either party is a resident at the time of the filing of the petition. The wife or husband may obtain alimony from the other without a divorce, in an action brought for that purpose in the district court, for any of the causes for which a divorce may be granted. [Based on Oklahoma Statutes; Title 43, Sections 103 and 129]
REMARRIAGE AFTER DIVORCE: It shall be unlawful for either party to an action for divorce to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state. [Based on Oklahoma Statutes; Title 43, Section 123]
SPECIAL DIVORCE PROCEDURES: In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party. [Based on Oklahoma Statutes; Title 43, Section 107.1]
MEDIATION OR COUNSELING REQUIREMENTS: In all actions for divorce, separate maintenance, guardianship, paternity, custody or visitation, including modifications or enforcements of a prior court order, where a child under eighteen (18) years of age is involved, the court may require all adult parties to attend an educational program concerning the impact of separate parenting and co-parenting on children, the implications for visitation and conflict management, development of children, separate financial responsibility for children and such other instruction as deemed necessary by the court. The program shall be educational in nature and not designed for individual therapy. The court may require that within the ninety-day waiting period, the parties attend and complete an educational program specified by Section 107.2 of this title. Exceptions are noted under Section B. [Based on Oklahoma Statutes; Title 43, Sections 107.1 and 107.2]
PROPERTY DISTRIBUTION: Oklahoma is an equitable distribution state. The court shall enter its decree confirming in each spouse the property owned by him or her before marriage and the undisposed-of property acquired after marriage by him or her in his or her own right. Property which has been acquired by the parties jointly during their marriage, shall be divided between the parties in a just and reasonable manner, subject to any valid antenuptial contracts in writing. This may be accomplished by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to be paid such sum as may be just and proper to effect a fair and just division thereof. [Based on Oklahoma Statutes; Title 43, Section 121]
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ALIMONY:
Either spouse may be awarded alimony as deemed reasonable by the court. Alimony may be allowed from real or
personal property, or both, or in the form of money judgment, payable either in
gross or in installments, as the court may deem just and equitable. The
court shall also provide in the divorce decree that upon the death or remarriage
of the recipient, the payments for support, if not already accrued, shall
terminate. The voluntary cohabitation of a former spouse with a member of the
opposite sex shall be grounds to modify provisions of a final judgment or order
for alimony as support. The provisions of any divorce decree pertaining to
the payment of alimony as support may be modified upon proof of changed
circumstances relating to the need for support or ability to support which are
substantial and continuing so as to make the terms of the decree unreasonable to
either party. [Based
on Oklahoma Statutes; Title 43, Sections 121 and 134]
SPOUSE'S NAME: When a divorce is granted, the wife shall be restored to her maiden or former name if she so desires. [Based on Oklahoma Statutes; Title 43, Section 121]
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CHILD CUSTODY: The court may grant the care, custody, and control
of a child to either parent or to the parents jointly. In awarding the
custody of a minor unmarried child or in appointing a general guardian for said
child, the court shall consider what appears to be in the best interests of the
physical and mental and moral welfare of the child. When awarding custody
to either parent, the court:
- shall consider, among other facts, which parent is more likely to allow the child or children frequent and continuing contact with the non-custodial parent, and
- shall not prefer a parent as a custodian of the child because of the gender of that parent. [Based on Oklahoma Statutes; Title 43, Sections 109 and 112]
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CHILD SUPPORT: Except in those cases where parties represented by
counsel have agreed to a different disposition, there shall be a rebuttable
presumption in any judicial or administrative proceeding for the award of child
support, that the amount of the award which would result from the application of
the following
guidelines is the correct amount of child support to be
awarded. The district or administrative court may deviate from the amount
of child support indicated by the child support guidelines if the amount of
support so indicated is unjust, inequitable, unreasonable, or inappropriate
under the circumstances, or not in the best interests of the child.
Every order providing for the support of a minor child or a modification of such order, whether issued by a district court or an administrative court, shall contain an immediate income assignment provision. [Based on Oklahoma Statutes; Title 43, Sections 115 and 118] » Return to top
