Common Questions About Oklahoma Family Law

Common Questions About Oklahoma Family Law

Questions related to Oklahoma Family Law

There are a few basic and frequently asked questions by the clients in family law trials. All these questions have been discussed here. These are established upon general consensus and may not apply to specific factual situations. Moreover, these adhere to the Oklahoma law. The law guidelines might differ substantially in other states. One must always consult an expert and experienced attorney before taking a legal action.

What are the rules to get married in Oklahoma?

A person must be unmarried and at least 18 years old to get married in Oklahoma. In case person is minor, they can get married if parents or guardians give their written consent. Every individual under the age of sixteen is strictly forbidden and prohibited to enter the institution of marriage expect when the court authorises.

What are the rules in Oklahoma while marrying the person of the same sex?

Oklahoma family law does not allow same sex marriages. Additionally, such marriages performed in some other state are also not recognised as binding and valid in Oklahoma.

What are the situations to filing and getting a divorce in Oklahoma?

There are 12 official grounds for divorce in Oklahoma:
  • One year abandonment
  • Adultery
  • Impotence
  • If wife is pregnant with other man’s child at the time of marriage
  • Extreme abuse and cruelty
  • A fraudulent contract
  • Incompatibility
  • Alcoholism
  • Grave neglect of duty towards family
  • Federal penal institution or imprisonment in a different state under sentence for a felony during the filing of petition
  • Availability of a final divorce decree from a different state by one spouse which does not in Oklahoma releasing the other spouse from marital obligations.
  • Mental disorder and insanity for a time interval of 5 years.

What is Automatic Temporary Injunction?

The Automatic Temporary Injunction forbids parties from disposing marital property, obliterating money, harassing other party or make substantial changes in retirement funds and insurance accounts. When one files a petition for divorce in Oklahoma, the ATI goes into effect immediately.

What does the family law suggest for granting of alimony in a divorce?

The support alimony is the worry factor of many parties. Granting of alimony depends on two factors. The first factor is need for alimony by other party. It is observed by the judge through current or projected budget projecting sans income expenses. After this, judge decides ability to pay. The alimony is not ordered if the party cannot pay. In cases, where alimony has to be paid, a myriad of situations are considered. After this, the time frame and amount is finalised.

What factors help in determination of child support in Oklahoma?

Child support in Oklahoma is monitored by utilising the services of state support guidelines and mathematical software which analyses the following:
  • Gross income of both parents
  • Number of kids to be taken care of
  • Monthly expenditures of family including health and dental expenses of both parents
  • Monthly expenses of parents in child care

All this information is fed and then computed. This determines the monthly child obligation to be paid by the non-custodial parent.