This FAQ concerns fifteen basic things that you should know about divorce in Oklahoma. Although the information here in not comprehensive and, certainly, cannot replece competent legal advice, it will serve as a primer about issues which you should discuss with  us about your divorce. .

1.    Where do I file for divorce?

    Oklahoma law requires that you must be a resident of the state of Oklahoma for more than six (6) months and a resident of your county for more than thirty (30) days before you may file for a divorce.
    If you have not lived in Oklahoma for six (6) months then you may file for an action called separate maintenance. This will allow you to receive much of the relief that a divorce action provides: custody, child support, and alimony. Then after six (6) months your separate maintenance action may be amended to a divorce.

2.    How much does it cost to file for divorce?

    As of the writing of this FAQ the filing fees for divorce are $ 187.30. This fee does not include the attorney’s fee. Furthermore, it does not include the costs for a process server, any mailing costs, transcript fees, other court fees.
    Each divorce varies greatly depending on the attitudes, aims, and contentions of each party. Some divorces can be resolved in a few hours, while other can take more than 200 hours of time. Costs will vary widely depending on these factors and must be assessed on an individual basis.

3.    Should I consider a Do-It-Yourself Divorce?
    
    There are companies who offer divorce kits from $150.00 to $250.00 dollars. These companies claim to give you all the tools that you need to do your own divorce.
     The potential saving over hiring an attorney serves as a great temptation to use such services while hoping for the best.
    However, one should consider the once a divorce is final there is little that can be done to fix your mistakes.  Courts may not modify a final judgment except in regards to a few factors: child support, custody, alimony, and then only under specific circumstances.    You should consider getting your divorce right the first time. A five hundred dollar attorney’s fee could save you five thousand down the road. Do not be penny- wise and pound-foolish.
    If you think you know enough to handle your divorce, you may wish to take my Divorce Law Quiz.

4.    How long does it take to get a divorce?

    A judge may grant a  divorce as soon as ten (10) days after the petition is filed if the parties do not have any children, or as soon as  ninety (90) days after the petition is filed  if they do. However, the reality is that if the parties cannot agree on the issues relating to  their children and property, then the process could stretch from six (6) months to over a year.

5.    Do I have to take parenting classes?

    Yes. Most district courts have written rules which require divorcing parents to attend parenting classes. This class will be at your expense and must be taken before the divorce will be granted and proof of completion provided to the court.


6.    What is a Temporary Order?

    Title 43 O.S. Section 110 authorizes a judge to enter orders at the beginning of a divorce proceeding which allocate the rights and responsibilities of the parties during the pendency of divorce. These orders usually concern the possession and use of property, the custody of the children, visitation, child support, and spousal support. Each order is temporary and may be changed at any time during the case. A hearing to determine the need for such orders is held soon after the divorce petition is filed.

7.    Will I have to pay alimony?
            
    The courts have struggled for years to determine when a spouse is entitled to alimony and just how much she is entitled to. The general theory is that an award of support alimony should be awarded on the basis of (1) a spouse’s need for support as it relates to the marriage; and (2) the other spouse’s ability to pay such support. The party requesting alimony must demonstrate a need for the support.
     In determining the amount, the judge may look at: the parties’ lifestyle, each spouse’s earning capacity, each spouse’s physical condition, the duration of the marriage, and the spouse’s prospects for employment.
    The determination of alimony is largely based on what the judge thinks is fair to each party. This is hardly a strict standard and can vary widely from case to case depending on the facts and the judge.

8.    Will I have to pay child support?

    If you are the non-custodial parent, then, Yes.
    The judge calculates child support by combining the gross incomes of each parent. The judge then compares the parties’ combined gross income to a statutory chart (43 O.S. § 119) which indicates the total amount of child support. The non-custodial parent then pays his or her percentage  of that total as determined from his or percentage of the parties’s combined gross incomes.  
    Child support is mandatory. Parties may not agree to a different calculation without the assistance of counsel and the judge’s approval.

9.    How long do I have to pay child support?

    Until the child reaches eighteen (18) years old or until the child graduates from high school or reaches twenty years old, whichever occurs first.  However, the parties may agree to extend child support well beyond these limits.
    
10.    Who gets the kids?
    
    There is no magic formula. Generally, the judge considers what is in the best interests of the child. A variety of factors may influence this decision. Each case is different and will present unique challenges.
    Once a child reaches twelve (12) years old, then the child may have a preference in regards to which parent receives custody. However, the judge may still make her own decision about custody.
 
11.    How is our property divided?

    The judge is required award to each person his or her separate property (property received before marriage, gift or by inheritance). The judge then divides all marital property (property acquired during marriage) justly and equitably. This does not mean that the judge will split everything 50/50.  The judge has the discretion to divide the property as he or she deems just, depending on the circumstances. This could be 40/60, 45/55, 55/45, and so on.
    Debt is included in the property division. The debt usually follows the collateral to which it is attached or can be separated and awarded to one party in exchange for a greater interest in one or more other assets.


12.    When may I remarry?

    You may not remarry until six (6) months after the divorce is granted. Remarriage earlier than six (6) months constitutes the crime of adultery under Oklahoma law.

13.    Can I modify the Divorce Decree?

    A party may modify child support, child custody, visitation, or alimony after a decree is entered if the party can show that there has been a substantial and material change in circumstances. This requires a new judicial proceeding usually in the same court where the divorce was granted. Even the above may not be able to be modified if the parties reached certain agreements on their own in the original divorce.

14.    What do I do if my ex-spouse disobeys the court’s order?  

    A party may apply to the court for a contempt citation. A contempt citation is used to compel your ex-spouse to do what he or she had been ordered to do. If you ex-spouse has failed to obey the judge’s order, he or she can be fined or even placed in jail.

15. Can I get my ex-spouse to pay my costs and attorney’s fees?

    Generally, the judge may order your ex-spouse to pay your attorney’s fees if you are not possessed with the means to pay them  yourself. The judge may consider your need and your spouse’s ability to pay. However, attorney’s fees should not be expected unless your ex-spouse has unnecessarily complicated and delayed the proceedings, thereby, unjustifiably increasing your costs.



    If you have further questions, you should direct them to me at my office:

Evan Taylor
Attorney at Law
102 E. Eufaula, Suite A
Norman, Oklahoma
(405) 321-1822

DISCLAIMER

    Remember, that each case is unique and that the outcome of your divorce will depend on the specific facts and circumstances of your case and how they are presented to the judge. The information included in this pamphlet is general in nature and is not intended to offer advice specific to your situation or to create an attorney client relationship. Before taking any action which could alter your legal rights you should consult with an attorney about the facts and circumstances specific to your case.


Copyright 2006-2008 Evan Taylor