Divorce Under Oklahoma Law
 Tulsa, Oklahoma Divorce and child custody Lawyers

Divorce and custody law attorneys information in Tulsa

Divorcing your spouse, in Oklahoma is one of the most life changing events a person will experience.  A wide range of issues and concerns arise as the process moves forward. Since everyone's state of affairs is different, this page will briefly touch on a few of the major points involved in divorce under Oklahoma law.  This is NOT intended to provide you with legal advice.

Oklahoma Residency Requirements (Jurisdiction & Venue)
Oklahoma law requires that in order to file for divorce in the State of Oklahoma, one of the parties to the marriage must have been a resident of Oklahoma for six (6) months prior to filing.   Okla. Stat. tit. 43, § 102(A) (2002).  

Residency additionally determines in which Oklahoma county a person may file a petition for divorce.  By statute, a person filing for divorce ("Petitioner") in Oklahoma may file in the county in which he or she has been a residing for the previous thirty (30) days or the county in which the person's spouse currently resides.  Okla. Stat. tit. 43, § 103(A)(1) (2002).  

Oklahoma has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), to resolve issues concerning interstate jurisdictional issues.  Okla. Stat. tit. 43, § 551-101 et seq. (1998).

Oklahoma is a "No-Fault" Divorce State
Traditionally, Oklahoma allowed divorces in the following "for cause" situations:

• Abandonment for one(1) year;
• Adultery;
• Impotence;
• Pregnancy of wife by another at the time of marriage;
• Extreme Cruelty;
• Fraudulent contract;
• Habitual drunkeness;
• Gross neglect of duty;
• Imprisonment under a felony sentence; and
• Insanity. 

Okla. Stat. tit. 43, § 101 (1989).  Now, however, Oklahoma has adopted "no-fault" divorce, which articulates the cause as simply "incompatibility."  No-fault divorce allows the parties to obtain a marital dissolution without finding fault on the part of either party.  This means that the process of proving fault through infidelity, abuse, abandonment, et cetera is unnecessary, which allows the parties to focus on important issues of child custody, support, and visitation, property distributions, and spousal support.  Rather than focusing on the past circumstances which lead to the divorce, the parties can focus on the future.

Nevertheless, there may be circumstances in which bad behavior is relevant to how property is divided, who is awarded child custody, and what child visitation is appropriate.  For this reason, it is vital that you be candid with your lawyer and he can help you to determine the best course of action.

The practical result of an Oklahoma no-fault divorce is that either spouse can seek and obtain a divorce, whether the other party contests it or not, with virtually no burden of proof to overcome.  However, divorce in Oklahoma continues to be a complex and difficult process, which often involved vigorous litigation, as described in more detail below.  

With Oklahoma no-fault divorce, when a case is contested, rather than litigating on whether a divorce will be granted the focus is on the terms of the divorce, including: child custody, child support, child visitation, property distributions, and spousal support.  Given the gravity of these issues, consultation with an experienced Tulsa, Oklahoma divorce attorney is recommended for anyone going through a divorce or wanting a divorce.  

Waiting Period Prior to Divorce in Oklahoma
In order to allow for the possibility of reconsideration and reconciliation, Oklahoma family law statutes require a ninety (90) day waiting period, after a Petition for Dissolution of Marriage has been filed, before a Oklahoma divorce can be entered by the court, if there are minor children of the marriage.  This waiting period can be waived by the court "for good cause," if the opposing party has no objection.  Okla. Stat. tit. 43, § 107.1 (A)(1) (2002).  Further, this waiting period is not applicable to some "for cause" divorces noted above.  Okla. Stat. tit. 43, § 107.1 (B).

Additionally, Rule 8 of the Rules for the District Courts of Oklahoma states that no Oklahoma divorce case can be heard on its merits until ten (10) days after the filing of the petition, even if there are no minor children of the marriage.  If there are minor children, thirty (30) days must pass before a hearing on the merits.  Okla. Stat. tit. 12, § Rule 8.  Similar to the aforementioned waiting period under §107.1, this requirement may be waived by the court in the case of an emergency duly shown by application setting forth "good cause."

Property Division in an Oklahoma Divorce 
Oklahoma is among the majority of states which utilize the "equitable distribution" doctrine for property division in an Oklahoma divorce.  Nine (9) states use the community property rule, which divides marital property equally between the parties.  Oklahoma and the remaining states in the nation, divide marital property equitably, which does not necessarily mean equally.  Okla. Stat. tit., 43 § 121(B) (2006).  

The first step in Oklahoma property division is determining what is separate property and what is marital property under Oklahoma law.  Separate property includes property and money which was owned by the party, or earned by the party, prior to the marriage, property which the party inherited, property gifted to the party, and property which was purchased by a party after filing for divorce.   Each party is awarded 100% of their separate property.  However, separate property can transmutate into marital property under some circumstances, such as if it is commingled with marital property.  

Marital property in Oklahoma is that property acquired during the course of the marriage, with martial industry, regardless of who purchased it or in whose name the title is.  Martial property additionally includes any money earned by either party during the marriage, unless the funds were generated from separate property.  Marital property will be divided as closely to equally as the court finds just and equitable.  Unlike in community property states, in Oklahoma the court has discretion to divide more property to one party than the other, if fairness so dictates.  This is where the representation of an experienced Oklahoma divorce attorney can be valuable.

Property division, together with child custody, is one of the most divisive issues in the Oklahoma Divorce process. The Tulsa Oklahoma Divorce Attorneys at the Kania Law Office are highly skilled negotiators and aggressive litigators, with the goal of gaining the best settlements and judgments possible for our Oklahoma family law clients.  

Oklahoma Divorce Trial
If you and your spouse cannot agree on the issues involved in a divorce, the issues will be decided by the Oklahoma Divorce court after a trial on the merits.  At the conclusion of a trial, the court will decide how the marital property will be divided, who will pay which debts, and which person will have possession of certain marital property, such as the marital home. The judge will also decide who gets custody of the children, who pays child support and how much, as set out by the Oklahoma Child Support Guidelines, the visitation schedule, and who will cover the children's health insurance.  However, agreements between spouses are highly encouraged by the courts.  When agreement cannot be reached, the Oklahoma trial attorneys at the Kania Law Office will apply maximum pressure in the courtroom to insure that you are treated fairly.

Waiting Period for Remarrying After Divorce in Oklahoma
Oklahoma statute prohibits a person from remarrying in Oklahoma within six (6) months after the finalization of a divorce, unless the marriage is to the person's former spouse.  Okla. Stat. tit. 43, § 123 (1998).  Any person violating this statute is guilty of the felony of bigamy, which is punishable by imprisonment in state penitentiary for not less than one year not more than three (3) years.  Okla. Stat. tit. 43, § 124 (1998). 

However, the United States Constitution provides that every state shall give "full faith and credit" to the laws and judicial determinations of other states.  U.S. Const. art. IV, § 1.  This provides the opportunity for people divorced in Oklahoma to remarry during the waiting period, so long as the marriage is performed in another state and under the laws of another state.  Further according to Oklahoma Supreme Court precedent, a marriage conducted in another state during the six (6) month waiting period will be considered valid in Oklahoma and not voidable.  Copeland v. Stone, 842 P.2d 754 (Okla. 1992).  

However, Oklahoma statutes have addressed this loophole by making it a crime for a person under the six (6) month waiting period to remarry in another state and then cohabitate in Oklahoma during the waiting period.  The crime is considered felony adultery.  Okla. Stat. tit. 43, § 123 (1998).  Whether this crime passes constructional muster, is up for debate, though, as there is no case law addressing this issue.   

KANIA LAW OFFICE: Tulsa Divorce Lawyers
Oklahoma divorce is a major life-changing event. If you would like the Tulsa, Oklahoma Divorce Lawyers at the  Kania Law Office to answer any questions or discuss how a divorce in Oklahoma will apply to the facts and circumstances of your Oklahoma divorce, please email or contact the professional Tulsa divorce attorneys at the KANIA LAW OFFICE at 918-743-2233 for an appointment.