Friday, February 4, 2011

Oklahoma Divorce Laws


The plaintiff or the defendant in an action for divorce or annulment of marriage must have been an actual bona fide resident of the State, for six (6) months immediately preceding the submission of the petition. An action for divorce or marriage annulment can be deposited in the County in which the applicant was a resident for thirty (30) days immediately preceding the submission of the petition or in the county where the defendant is resident; condition, the action may be assigned for trial in any County within the judicial district from the Chief Judge of the district. [Based on Oklahoma statutes; Title 43 sections 102 and 103]


The District Court may grant a divorce for any of the following causes:

Abandonment for one (1) year. Adultery powerlessness when the wife at the time of her marriage, she was pregnant by another than her husband. Extreme cruelty. Fraudulent contract. Habitual drunkenness of incompatibility. Gross neglect of duty. Imprisonment of the other party in a State or Federal Penal institution under sentence thereto to the Commission of a crime, at the time that the petition is filed. The purchase of a final divorce decree without this State by a husband or wife, who in this State not to grant the other party from its obligations of marriage. Insanity for a period of five (5) years. No divorce is granted by reason of insanity until, after a thorough examination of this person crazy by three doctors, one of whom must be physicians a Superintendent of the hospital or sanatorium for the crowds, in which the defendant crazy is limited, and other two doctors appointed by the Court before which the action is pending, two of these doctors agree that such person insane at the time the petition is submitted to the action for divorce, has a prognosis of recovery; provided, further, however, that no divorce is granted on this earth for any person to whom the husband or wife is an inmate of a State body in any other than the State of Oklahoma, unless the person seeking the divorce has been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this land does not relieve the party winning from contributing to the support and maintenance of the defendant.

[Based on Oklahoma statutes; Title 42, section 103]


A legal separation may be brought in the County in which both parties are resident at the time of submission of the petition. The wife or husband may obtain other foods without a divorce, in an action brought for that purpose in the District Court, for any of the causes for which may be granted a divorce. [Based on Oklahoma statutes; Title 43, sections 103 and 129]


Should be illegal for either party to an action for divorce in which former husband or wife is living to marry in this State a person other than the spouse within six (6) months from the date of the divorce decree granted in that State. [Based on Oklahoma statutes; Title 42, section 123]


In an action for divorce where there are children involved, the Court shall not issue a final order in this respect for at least ninety (90) days from the date of filing of the petition may derogate from ninety (90) days from the Court for good cause shown and without opposition on both sides. [Based on Oklahoma statutes; Title 17, section 107.1]


In any action for divorce, maintenance, protection, paternity, custody or visitation, including changes or the imposition of a previous court order is involved, where the interest of a child under eighteen (18) years of age, the Court may require all parties of adults to participate in an educational programme in the field, as appropriate, the impact of separated parents and co-parenting on children, the implications for the visitation and the management of conflicts, the development of children, separate financial responsibility for children and other instructions as deemed necessary by the Court. The program must be educational in nature and not designed for individual therapy. The Court may require that, within the period of ninety days, the parties to attend and complete an educational program that is specified by section 107.2 of this title. Exceptions are listed in section b. [based on Oklahoma statutes; Title 43, sections 107 and 108.2]


Oklahoma is a State of an equitable distribution. The Court shall enter its Decree confirming each spouse property owned by him or her before the wedding and the a-disposed of property acquired after marriage from him or her in her own right. For such property, real or personal, which was acquired jointly by the parties during their marriage, both the title to it in one of these parties or both, the Court, the subject of a valid contract of ante-nuptial writing make this division between the parties as may seem just and reasonable, a division of property in nature, or by setting the same apart from one of the parties, and which require the payment of such amount as may be just and proper for a fair and equitable division. [Based on Oklahoma statutes; Title 42, section 121]


Or spouse may benefit from these foods of real and personal property of others, as the Court must consider reasonable, having respect to the value of that property at the time of the divorce. Foods may be allowed by personal or real property, or both, or in the form of a money judgment, payable annually in gross or, as the Court deems just and equitable. The Court also provides that the Decree of divorce or remarry after the death of the recipient, the payments for support, if not already accrued, shall cease.

Cohabitation volunteer of a former spouse with a member of the opposite sex must be a way to modify the provisions of a final judgment or order for foods such as support. The provisions of any divorce decree relating to the payment of alimony as may be amended upon proof of the change in circumstances relating to the need to support or the ability to support that are substantial and continuing to make the terms of Decree unreasonable for both parties. [Based on Oklahoma statutes; Title 43 sections 121 and 133]

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