Oklahoma Divorce Laws

Oklahoma divorce laws allow for a fairly broad spectrum of causes for filing for divorce. In order to file you need to have been a resident in Oklahoma for at least six months up to the date of filing.

Divorce laws in Oklahoma cover many of the most common causes for divorce, similar to other states:

The Oklahoma divorce laws has in common with most other jurisdictions are the grounds of gross neglect of duty and fraudulent contract. Gross neglect of duty involves failing in a fundamental way as a spouse, whereas fraudulent contract involves tricking someone into marriage by fraudulent means. In these repects Oklahoma divorce laws resemble most other states - however, there are a few less common factors.

In Oklahoma, a man can file for divorce if he discovers his wife was pregnant to another man at the time of the marriage. Likewise, a woman can file for divorce on the grounds of her husband's impotency. Obviously using these as grounds for divorce requires some thorough medical testing to be done in order to verify the claims.

Another point of difference between Oklahoma and other parts of the country is that insanity can be used as grounds for divorce. However, this is an uncommon scenario. The insanity has to be clinically proven over a prolonged period and requires a thorough examination to prove that the spouse is insane. These particular grounds for divorce stand as as elements of the Oklahoma divorce laws that are not mirrored in the legislature of many other states.

The distribution of property between the spouses after a divorce in Oklahoma is determined by a principle of equitable distribution. This means that a judge will thoroughly examine the circumstances of both spouses prior to the marriage, in terms of income and assets, and look at the financial prospects of both spouses for the future in terms of earnings potential and possibilities for employment.

The judge will also take these factors into account when deciding if one spouse should have to make any payment in the form of spousal support after the divorce. Keep in mind that a change in the relationship circumstances of a person receiving alimony payments will often mean the payments will come to and end - for instance, if you remarry, then typically your ex will be absolved of any obligation to pay spousal support. Child support payments, however, may still continue.

In terms of the woman's rights after a divorce, she is not necessarily guaranteed custody to the children, although she does have the right to revert to her maiden name if she wishes. The custody and visitation rights for the children are decided by the judge. According the the law, the judge is not allowed to give any preference either way based on the spouse's gender - in other words, the father or mother should be no more likely to win custody simply by being male or female.

The decision is made based on the character of each spouse as a parent and what is best for the child or children. If you want to increase your chances of winning custody, it's important to emphasize that you will do everything you can to ensure that you will try to maintain the relationship between your kids and your spouse after the divorce. The willingness to nurture these relationships is a big factor taken into account by the court in deciding on custody rights.

Essentially, the court's decision in terms of custody and visitation for children is determined based on the best interest of the child or children. If the judge decides that contact with one parent is not in the child's best interests - for instance, because of a criminal history or violent behavior - then visitation rights will not be granted to that parent.

Remember also that the court makes a distinction between legal custody and physical custody. While the children may not live with you (physical custody), you may still be granted the rights to make important decisions about the child's life (legal custody). Alternatively, you may only be allowed limited visiting rights or no rights to see the children at all.

Oklahoma Divorce Laws
As far as the issue of child support goes, in Oklahoma this is determined by a calculation based on the combined incomes of both parents. A formula is then used to determine how much one spouse is obligated to pay to the other. This aspect of Oklahoma divorce laws is also the standard procedure in many other states, but differs from some wherein child support is paid as a percentage of one parent's income.

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