Oklahoma Family Laws

Oklahoma recognizes 12 grounds for divorce: incompatibility (no-fault), abandonment (1 year), adultery, impotency, wife's pregnancy by another at time of marriage, extreme cruelty, fraudulent contract, habitual drunkenness, gross neglect of duty, imprisonment for a felony, insanity (5 years), and procurement of a divorce in another state.

Oklahoma divides marital property equitably. Property acquired during the marriage through joint industry is considered marital property. Property acquired before marriage, by gift, or by inheritance is separate property. Courts consider length of marriage, contributions, earning capacity, and conduct.

Oklahoma courts determine custody based on the best interests of the child. Joint custody is favored when both parents are fit. The court considers the child's preference if of sufficient age and maturity, moral fitness, domestic violence history, and stability of each home environment.

Oklahoma uses the income shares model with detailed guidelines. Both parents' gross incomes are combined and applied to a child support schedule. Adjustments are made for health insurance, childcare, and the number of overnights with each parent.

Oklahoma allows three types of alimony: support alimony (periodic payments based on need), transitional alimony (bridge to self-sufficiency), and alimony in lieu of property division. Courts consider length of marriage, earning capacity, standard of living, age, health, and contributions to the marriage.

Oklahoma is one of few states that still recognizes common-law marriage. Requirements: mutual consent to be married, cohabitation, and holding themselves out as married. No minimum cohabitation period is required. Common-law marriages require formal divorce proceedings to dissolve.