The Termination of Marriage & a Legal Separation in Oklahoma
Oklahoma Statutes chapter 43 contains all provisions for family law in the state, including legal separation. At the time of publication, three types of legal separation exist in Oklahoma: divorce, annulment and the generic "legal separation." Those legally terminating a marriage in the state must follow protocol with regards to filing for separation and attending legal proceedings for such a termination. Other Oklahoma divorce and separation laws concern child custody and grounds for separation.
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Grounds for Separation
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At the time of publication, Oklahoma state law stipulates 12 permissible reasons for the divorce. These reasons are abandonment for one year; adultery; impotency; pregnancy on account of another man; extreme cruelty; a fraudulent marriage contract; incompatibility; habitual drunkenness; gross neglect of marriage duties; imprisonment; an official divorce ruling from authorities in another state; and insanity for a period of five years or longer. State law does not lists grounds for annulment or legal separation other than stipulating that annulment may be retroactively achieved if a divorced party gets remarried within six months of a divorce finalization.
Separation Proceedings
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Couples or individuals must live in Oklahoma for at least six months before filing for divorce, annulment or legal separation. Military personnel in Oklahoma don't need to adhere to this law. You must file the papers in a county an individual or couple lived in for 30 days preceding filing. If both parties agree upon separation terms, they must sign an agreement in the presence of a legal witness, such as lawyers or a judge. In cases of contested separation, both parties must appear before a judge and present their case. Neither party is legally obligated to hire legal council. All divorce or separation proceedings must take place in a location approved by a judge. Court in Oklahoma hold the right to summon both parties of a separation, as well as witnesses.
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Children and Separation
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In cases of legal separation, divorce or annulment, Oklahoma courts reserve the right to make all decision regarding children of the divorced parties, including custody and child support payment mandates. Each party in a divorce may appeal for child custody and present an argument with regards to such an appeal. The court considers solely the best interests of a child in such decisions and may award custody to a guardian other than the biological parents. Parents may present a plan for joint custody. If reasonable, the state adopts such plans. The court may investigate the living conditions of a child whose parents are separated and filing for divorce.
More Information on Legal Separation
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Courts in Oklahoma hold the right to require blood, saliva, urine and other things for testing in cases of legal separation. The court also holds the right to make decisions regarding property division if parties involved in a legal separation fail to do so to the satisfaction of both parties. All alimony decisions fall to the court when parties disagree upon payments. Oklahoma does not grant final divorces, annulments or legal separations until six months after the filing of the initial papers for such a matter. For assistance with any issues regarding divorce, annulment or legal separation in Oklahoma, contact a divorce attorney.
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References
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