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Order
Your Oklahoma Divorce Package Now $99.94
Oklahoma
Divorce
Once your order has been
received it will be forwarded to the Oklahoma paralegal who will
be assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our Oklahoma Paralegals
are specifically trained in Oklahoma divorce procedures and will
assist you in getting the fastest, easiest, and most affordable
divorce available.
We include all forms
needed for an Oklahoma divorce.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: Either spouse must have been
a resident of Oklahoma for 6 months immediately prior to filing
for divorce. The divorce may be filed for in the county in which
the plaintiff has been a resident for 30 days or in the county where
the defendant resides. [Oklahoma Statutes Annotated; Title 43, Sections
102 and 103].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: Incompatibility. [Oklahoma Statutes
Annotated; Title 43, Section 101]. General: (1) impotence; (2) adultery;
(3) abandonment for 1 year; (4) imprisonment; (5) confinement for
incurable insanity for 5 years; (6) cruel and inhuman treatment;
(7) fraud; (8) habitual intemperance (drunkenness); (9) the wife
pregnant by another at the time of the marriage; (10) gross neglect;
and (11) a foreign divorce which is not valid in Oklahoma. [Oklahoma
Statutes Annotated; Title 43, Section 101]. NAME OF COURT IN WHICH
TO FILE FOR DIVORCE: District Court. "State of Oklahoma, In the
District Court, __________ County." TITLE OF DIVORCE ACTION: Petition
for Divorce. NAME USED TO DESCRIBE SPOUSE FILING FOR DIVORCE: Plaintiff.
NAME USED TO DESCRIBE OTHER SPOUSE IN DIVORCE: Defendant. TITLE
OF FINAL DIVORCE PAPERS: Decree of Divorce.
LEGAL
SEPARATION: A spouse may sue the other spouse for alimony without
filing for divorce. The grounds for requesting non-divorce-based
alimony are: (1) impotence; (2) adultery; (3) abandonment for 1
year; (4) imprisonment; (5) confinement for incurable insanity for
5 years; (6) cruel and inhuman treatment; (7) fraud; (8) habitual
intemperance (drunkenness); (9) the wife pregnant by another at
the time of the marriage; (10) gross neglect; and (11) incompatibility.
[Oklahoma Statutes Annotated; Title 43, Sections 101 and 129].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: Separation agreements are specifically
authorized by statute. [Oklahoma Statutes Annotated; Title 43, Section
205].
MEDIATION
OR COUNSELING REQUIREMENTS: The court may appoint an arbitrator
for joint custody disputes which take place after a divorce. [Oklahoma
Statutes Annotated; Title 43, Section 109].
PROPERTY
DISTRIBUTION: Oklahoma is an "equitable distribution" state.
Each spouse is entitled to keep: (1) the property owned by him or
her before the marriage; and (2) any gifts or inheritances acquired
during the marriage. All property held or acquired jointly during
the marriage will be divided between the spouses in a just and reasonable
manner. A portion of the jointly-held property may be set aside
to one spouse for the support of any children who may live with
that spouse. The only factors for consideration set out in the statute
are: (1) the way in which the property in question was held; and
(2) the time and manner of the acquisition of the property. Marital
fault is not a factor. [Oklahoma Statutes Annotated; Title 43, Section
121].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Alimony may be awarded to either spouse. The award
may be in money or property, in lump sum or installments, having
regard for the value of the property at the time of the award. Marital
fault is not a consideration. There are no other factors for consideration
set out in the statute. Alimony payments may be required to be paid
through the clerk of the court. [Oklahoma Statutes Annotated; Title
43, Sections 121 and 136]. SPOUSE'S NAME: Upon request, a wife may
have her former or maiden name restored upon divorce. [Oklahoma
Statutes Annotated; Title 43, Section 121].
CHILD
CUSTODY: Joint or sole child custody may be awarded based on
the best interests of the child, and upon a consideration of the
preference of the child, if the child is of sufficient age to form
an intelligent preference. When it is in the best interests of the
child, the court shall assure that children have frequent and continuing
contact with both parents and encourage the parents to share the
rights and responsibilities of child rearing. However, there is
neither a preference for or against joint or sole custody. In determining
custody, the court shall consider which parent is likely to allow
frequent contact with the other parent. There is no preference either
for or against private, public, or home schooling of children. The
sex of the parent is not to be taken into consideration. The court
may require that the parents submit a joint custody plan to the
court if joint custody is desired. [Oklahoma Statutes Annotated;
Title 10, Section 21.1 and Title 43, Section 109 and 112].
CHILD
SUPPORT: The parent awarded custody of the child must provide
for the education and support of the child to the best of his or
her ability. If such support is inadequate, the non-custodial parent
must assist in the support to the best of his or her ability. A
portion of the non-custodial parents property may be set aside for
the custodial parent's use in supporting the child. The only factors
for consideration set out in the statute are: (1) the income and
means of the parents; and (2) the property and assets of the parents.
There are official child support guidelines and forms provided by
the Oklahoma Department of Human Services. The amount of support
as shown by the guidelines is presumed to be correct unless it is
shown to be unjust, unreasonable, inappropriate, or inequitable
under the particular circumstances of a case. Child support computation
forms are available from the clerk of the court. Child support payments
may be required to be paid through the clerk of the court. Security
or bond may be required for the payments and income withholding
may be used to guarantee the payments. [Oklahoma Statutes Annotated;
Title 43, Sections 110, 112, 118, 119, 121, and 136; and Title 56,
Sections 235+].
PREMARITAL
AGREEMENT: Oklahoma does not have any statutes pertaining to
premarital agreements.
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Your Oklahoma Divorce Package Now $99.94
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