You can get divorced In Oklahoma regardless of where you were married. Divorce lawyers often encounter individuals who got married in another state but are now living in Oklahoma and seeking a divorce. They often ask, “Can you get divorced in Oklahoma if you were married in another state?” To provide clarity on this pressing issue, we have prepared a brief guide that addresses your queries in an exhaustive manner.
Before we delve into the specifics, it’s important to note that divorce laws vary greatly from state to state. However, it’s also crucial to recognize that jurisdiction – the power a court has to decide a case – often plays a key role in divorce proceedings. Let’s take a closer look at how this applies in Oklahoma family court.
Residency Requirements: Can You File For Divorce In Oklahoma?
For any court to grant a divorce, it must have jurisdiction over the divorce matter. Oklahoma law (43 O.S. § 102) won’t allow a court to grant a divorce unless a six-month residency requirement has been met. The next question is in what county do you file or where is Venue proper. Venue refers to the county where a legal case, such as a divorce is filed.. Venue is salified by filing in the County where you live for thirty days before filing your divorce. The key is that It doesn’t matter if you were married in another state; what matters is your current residency.
Grounds For Divorce In Oklahoma
Oklahoma recognizes both fault and no-fault grounds for divorce. According to 43 O.S. § 101, a spouse seeking a divorce in Oklahoma can file based on incompatibility (a no-fault ground), or can allege specific grounds such as adultery, extreme cruelty, or habitual drunkenness, among others. The grounds upon which the divorce is sought do not have to be tied to the state where the marriage occurred, so you can pursue a divorce in Oklahoma regardless of where your marriage took place.
Oklahoma Divorce Laws And Division Of Marital Property
Oklahoma honors an equitable distribution standard, which means marital property is not necessarily divided equally, but rather in a manner that is fair and equitable. As per Oklahoma statutes 43 O.S. § 121, the court will distribute marital property according to the circumstances of the case. This principle applies whether the property was acquired in Oklahoma or another state.
Child Custody And Visitation In Oklahoma Divorce Cases
If you have children and are seeking a divorce in Oklahoma, you need to be aware of how Oklahoma courts handle child custody and visitation matters. Oklahoma courts always act in the best interests of the child when deciding custody and visitation. The law does not take into account where the marriage took place but considers the current circumstances of the parents and the child.
Alimony In Oklahoma Divorce Cases
In Oklahoma, alimony can be granted as per the circumstances of the case (43 O.S. § 134). The court can order alimony regardless of the state in which you were married. It will consider various factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources. Other important factors the judge will consider is the need of the person asking for alimony. They will also consider the ability to pay of the one being asked to pay. And of course, the length of the marriage.
How Long Does It Take To Get Divorced In Oklahoma?
Under Oklahoma law, there is a mandatory 10-day waiting period for a divorce to be granted (43 O.S. § 107.1) after the petition has been filed, provided there are no minor children. If there are minor children involved, the waiting period is 90 days. The length of the process also depends on other factors like the complexity of the case, court calendar, and whether the divorce is contested.
Tulsa Divorce Lawyers
If you were married in another state but are currently residing in Oklahoma, you are absolutely allowed to file for divorce in Oklahoma. The most important thing to remember is the residency requirement: At least one spouse needs to have lived in the state for at least six months before they are permitted to file for divorce in an Oklahoma court. If you’re considering a divorce and need assistance, our experienced Oklahoma family law attorneys are here to help. Call Kania Law Office at (918) 743-2233 or contact us online for a personalized consultation.