Oklahoma marriage and marital property laws are mostly similar to the laws of other states. However, there are some significant differences that you should be aware of when considering a divorce or legal separation.
Oklahoma Family Law
Oklahoma family law covers everything from child custody and visitation to child support and alimony. It also covers all aspects of marriage, including divorce and annulment, as well as issues such as domestic violence and spousal abuse.
Oklahoma Marital Property
Oklahoma marital property is divided between spouses in a divorce. In Oklahoma, marital property is divided between spouses in a divorce. Marital property includes:
- Any property or asset acquired during the marriage by either spouse, whether titled in the name of one spouse or held as tenants in common or community property;
- Property acquired after separation if used during the marriage with the other spouse’s consent or knowledge; and
- Property acquired with proceeds from the sale of marital assets.
Oklahoma is a “community property” state. This means that in a divorce, all property acquired during the marriage is considered marital property and is divided equally between the spouses. This means that if you have been married for 10 years, and have owned a home together during that time, both parties will be entitled to half of the equity in the home.
The only exception to this rule is when one spouse has a prenuptial agreement that provides otherwise.
Oklahoma also recognizes what is known as antenuptial agreements, which are similar to prenups but are entered into before the marriage takes place. These agreements can cover issues like alimony, child support, and spousal support if the marriage fails.
Some assets are not considered marital property and are not divided equally. Examples of these assets include:
– Gifts, inheritances, or personal injury awards received by one spouse before marriage or after separation but before the final decree of divorce.
– Property acquired before marriage by gift, inheritance, or personal injury award as long as it is kept separate from community assets.
– Property acquired after separation but before the final decree of divorce by gift, inheritance, or personal injury award if kept separate from community assets.
Oklahoma Marital Property Law
In Oklahoma, marriage is defined as a civil contract between two people who intend to be husband and wife. This contract can be created by either a religious ceremony or a civil ceremony performed by a judge or justice of the peace. Either spouse can end this contract by filing for divorce. Divorce dissolves the marriage bond between two people who were once married but no longer wish to be together. To file for divorce in Oklahoma, you must have lived in the state for at least twelve months before filing any paperwork with the court system. Once you file your paperwork, your spouse will receive notice within twenty days of receiving it so they can respond accordingly if they choose to contest your request for a divorce.
The laws governing marriage, divorce, and other family law issues in Oklahoma are governed by the state’s constitution, statutes, and case law. The following information is a summary of those laws.
Marriage: In Oklahoma, two people may be married if they are 18 or older and not closely related by blood or adoption (see below). They can be married only once at a time. The marriage ceremony must take place in Oklahoma or another jurisdiction that recognizes common-law marriages from other states. A couple who cohabits as husband and wife for one year may be considered legally married even if they never had a formal ceremony.
No-Fault Divorce: No-fault divorce allows spouses to dissolve a marriage without proving the fault of either spouse for ending the relationship. Grounds for no-fault divorce include incompatibility, irreconcilable differences, habitual drunkenness or drug addiction of one spouse, imprisonment of one spouse for at least three years without parole or probation, or abandonment without just cause for at least one year (one year if the couple has minor children).
Paternity: Paternity must be established through voluntary acknowledgment by both parents before birth. The mother is not required to file an affidavit of paternity, but she may do so.
A man who wishes to establish paternity may file a petition with the court in which he resides. If his paternity is disputed, he may file a petition with the court in which either parent resides or in which the child resides. The petitioner must attach to his petition a sworn statement that has been signed by both parents acknowledging paternity. If the mother has never married, the statement should be signed by her and the father or alleged father of her child. If she has married, it should be signed by her and her husband as well as by the father or alleged father.
If you have questions about Oklahoma’s marital property laws or need help with other family law matters, contact the Tulsa Divorce Attorney today!
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