Oklahoma Divorce Law
A divorce in Oklahoma -- referred to in some states as
a dissolution
of marriage -- is a decree by a court that a valid marriage no
longer exists. An Oklahoma divorce leaves both parties free to remarry.
It 
usually
provides for division of property and makes arrangements for child custody
and support. If you are going through
a divorce in Tulsa, Oklahoma and you
need a divorce lawyer, please contact
us
for all your divorce, support, child custody, visitation and settlement
needs in Oklahoma.
Division of Property in Tulsa, OK
The divorce courts in Oklahoma usually equally award property acquired during a marriage by the efforts of either spouse, but the courts have discretion to award such property unequally under special circumstances. Property owned by a spouse before marriage or acquired by inheritance or gift, called “separate property,” is not normally awarded to the opposite spouse, although an increase in value to separate property due to spousal effort, but not appreciation, may be awarded to either spouse in the overall award.
Alimony in Oklahoma
Temporary and/or long-term alimony (called “permanent” alimony) in Oklahoma, may be awarded a spouse, depending on need of the recipient and ability to pay of the paying spouse. Income of both parties, or lack thereof, are considered by the court, including interest, dividends and other sources of funds in addition to earned wages.
Marital Settlement Agreement in Oklahoma
Probably over 90% of all divorce cases are settled without trial. This should be a goal. An agreed divorce decree, approved by the court, and filed as a public record can be used to contain the terms of the settlement, but a property settlement agreement can be used for confidentiality and not filed of record, even though the court must approve it, in addition to the decree setting forth the divorce, child custody, support, and frequently alimony. A settlement ordinarily results in substantial financial savings, over what a contested trial would entail. We highly recommend you have an attorney review, if not prepare, any agreement the parties enter into.
Common Law Marriage in Oklahoma
A civil or religious ceremony is not an absolute requirement, although highly desirable to avoid uncertainty of the relationship created by the spouses “holding out” that they are married. Oklahoma and many other states recognize common law marriages, not to be confused with “palimony” arrangements or merely living together without intent or taking steps regarded by law to establish a common law relationship.
Prenuptial Agreements in Oklahoma
Sometimes called “Antenuptial Agreements” these must be in writing, with a full revelation of each party’s assets, liabilities, and income. These are frequently used in connection with and before a second marriage by one or both of the spouses to assure property acquired by spouses before marriage can be preserved for children of a first marriage in the event of a divorce or death of a party. They can also form the basis of sharing certain income during the marriage.
Legal Separation in Oklahoma
Sometimes called “separate maintenance” is an agreement between spouses to live apart separately (usually) and divide use and even ownership of certain marital property, without a divorce action. Such agreements can be approved by a court in a case brought for that purpose, or entered into privately between the parties without a legal action. Ordinarily they are not permanent but can be used because of religious or moral objections to divorce. Or the parties may prefer such agreements because they simply haven’t decided a divorce is right for them, yet.