FAQ: Family Law in Oklahoma
- Damaging or destroying personal property of the parties or an individual party, including: electronic material, electronic communications, social networks, financial records, or anything else of value;
- Withdrawing any funds from any retirement, pension, or other benefit plan;
- Withdrawing or borrowing from a life insurance account of the parties or their children;
- Changing life insurance benefits, health insurance, or automobile plans;
- Opening or diverting the other party’s mail;
- Signing for the other party without their consent;
- Change or cancel health insurance, life insurance, or property insurance or fail to make claims for any of these benefits;
- Disturb the peace of the other party or children;
- Withdrawing one or all of the party’s children from their daycare, school, or educational facility;
- Hiding or secreting children from the other party;
- Removing the party’s children from the state of Oklahoma for more than two (2) weeks without the prior written consent of the other party;
- Deny the production of necessary papers, such as tax documents, health insurance coverage information, debts, child care information, and other records.
- Child custody, child support, or child visitation;
- Spousal maintenance or spousal support;
- The payment of marital debts or payments;
- Possession of personal and/or marital property;
- Requests for attorney fees; and
- Other injunction relief
One of the parties of the divorce must have lived in Oklahoma for six (6) months in good faith prior to filing a petition for divorce, in order for the court to exercise jurisdiction, authority, over a divorce in Oklahoma. OKLA. STAT. tit. 43 §102 specifically states:
Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition. B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.
Multiple factors are considered in alimony determinations, including:
- Demonstrated need during the post-marriage readjustment period;
- The parties’ position in life;
- The length of the marriage and age of the parties;
- Each party’s earning capacity;
- The parties’ health and financial means;
- The standard of living of the parties;
- Parties’ income potential;
- The time necessary to transition to supporting oneself.
The home state of the child has exclusive jurisdiction, authority, to hear custody under Oklahoma law.
GUARDIAN AT LITEM
- Review all materials available in the case that is relevant to the best interest of the child, meet with all involved parties, including the child, parents, caregivers, and health care providers to obtain knowledge of the circumstance of the child and relate the same to the Court.
- Advocate for the best interest of the child by attending all hearings in the case and advocating for appropriate services as determined by the Guardian At Litem.
- Monitor and inform the court of the best interests of the child throughout the judicial proceedings.
- Maintain confidentiality of the parties throughout the case as much as feasible.
CONTEMPT OF COURT
The Cannon Law Firm, PLLC, can help you and your family. I will Fight for Your Rights. I can be reached by calling 405-888-7369 or through my Contact page. All initial consultations are free and confidential.