Divorce
What You Need to Know About Getting a Divorce in Oklahoma
To file for a divorce in the state of Oklahoma, either you or your spouse must be a resident of Oklahoma for at least six months immediately prior to filing. Additionally, a divorce must be filed in the county in which the filing spouse has been a resident for 30 days or in the county where the non-filing spouse resides.
Grounds for Divorce in Oklahoma
You may be granted a divorce for the following grounds:
- Abandonment for one year
- Adultery
- Impotency
- When the wife, at the time of her marriage, was pregnant by someone other than her husband
- Extreme cruelty
- Fraudulent contract
- Incompatibility
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment for the commission of a felony
- Foreign divorce that is not valid in Oklahoma
It is worth noting that most divorces in Oklahoma are granted on the grounds of incompatibility.
Property Division
The process of determining which assets fall under the category of marital property involves complex presumptions and issues. Assets and debts that are determined to be marital property are divided equitably when you divorce. All marital property must be divided between the spouses in a just and reasonable manner, regardless of the grounds for divorce.
Before you seek divorce counsel from one of our experienced divorce attorneys, you should gather all the information you can about all your property, including when you purchased it, approximately how much it is worth, account numbers, and serial numbers. Bring this information with you when you meet with one of our attorneys for divorce advice.
Support Alimony
Support Alimony may be awarded to either party in Oklahoma and may be in the form of property or money. Grounds for divorce are not considered when awarding support alimony. Temporary support alimony may be ordered while the divorce is pending. Support alimony in Oklahoma is based upon a demonstrated need post-decree of the party requesting it and the ability to pay of the other spouse. The need and/or ability to pay must be rationally related to the marriage.
Common Law Marriages
While common law marriages are recognized in Oklahoma, the appropriate way to end such a relationship is through a traditional divorce proceeding. If you believe you are currently in a common law marriage and desire a separation or divorce, contact us to assist you in the proper proceeding.
If you would like to schedule an appointment with a skilled Oklahoma City Family Law attorney at Echols & Associates, please contact us at (405) 691-2648.
