What remedies are available to dissolve a 39 year marriage in Oklahoma?
Full Question:
Answer:
Oklahoma law permits divorces based upon several different causes. Among the are:
1. Abandonment for one (1) year.
2. Adultery.
3. Impotence.
4. When wife at time of marriage is pregnant for someone other than her husband.
5. Extreme cruelty.
6. Fraudulent contract.
7. Habitual drunkenness.
8. Gross neglect of duty.
9. Imprisonment for the commission of a felony.
10. Insanity for a period of five (5) years, and
11. the “no-fault” ground of incompatibility of the parties. OSA 43-101
Oklahoma law requires that one of the spouses must be a resident of the state for a minimum of six (6) months immediately prior to the filing of the petition for divorce. OSA 43-102
Venue
The petition may be filed in the county where the plaintiff has been a resident for at least thirty (30) days, or where the defendant resides. OSA 43-103
Name of court and title of action/parties
Actions for divorce in the State of Oklahoma are filed in the District Court. The name of the action initiating the divorce is the Petition for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party who files the action is the Plaintiff, while the other party to the action is the Defendant. OSA 43-101
Waiting period
In a divorce action involving minor children, the court will not issue a decree of divorce until ninety (90) days have elapsed from the date of the filing of the petition. In addition, it is unlawful for a party to divorce action to remarry (except to each other) or cohabit with another for six months from the date of decree. Any person who violates this provision is guilty of bigamy and may be imprisoned for a term of not less than one (1) year and not more than three (3) years in the State Penitentiary. OSA 43-107.1, 43-123
Alimony
Either spouse may be awarded alimony out of real and personal property of the other spouse as the court deems reasonable. The court shall make such award either in a lump sum or in installments, as it deems reasonable and just. The obligation to pay alimony terminates upon the death or remarriage of the recipient or upon the voluntary cohabitation of the recipient with a member of the opposite sex. OSA 43-121
Distribution of property
Oklahoma is an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just. The court may divide the property in kind, or by setting aside the property to one party and requiring the other party to be paid in such amount as may be fair and just to effect and equitable division. OSA 43-121
