Oklahoma Divorce Laws

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Oklahoma Divorce Laws regarding Child Support

The Oklahoma Child Support Guidelines are used to determine the amount of child support to be paid by the parents, unless the parents accede to a different disposition. If the value of support found out from the child support guidelines is not in the best interests of the child or inappropriate, unreasonable, inequitable or unjust in the given conditions, then the Court may deviate from this value. Each order or modification of an order related to child support comprises of an immediate income assignment provision. The laws pertaining to child support are given in Sections 115 and 118 of Title 43 of the statutes of the state.

Oklahoma Divorce Laws regarding Child Custody

The custody of a child may be granted to both parents jointly or to either parent. The best interests of the moral, mental and physical welfare of the child are taken into account by the Court while deciding the custody of the child. The Court keeps in mind the following issues before awarding custody -

• No preference shall be made on the basis of gender of the parent
• It is considered which parent would possibly permit the child continued and frequent contact with the other parent

Sections 112 and 109 of Title 43 of the statutes of this state are related to child custody.

Alteration of name

If the wife wishes, then restoration of her maiden or former name is permitted after the divorce is granted. This restoration is based on Section 121 of Title 43 of the Oklahoma statutes.

Spousal Support

Spousal support is permitted from personal or real property or both or as a money judgment which can be paid in installments or as a gross amount. The Court decides which of these is just and equitable for the specific case. While deciding spousal support, due regard is given to the valuation of the property at the time of divorce. In the divorce decree, it is mentioned that if the recipient of spousal support dies or remarries, the payments for support cease, if they have not been accrued. If a partner receiving spousal support, voluntarily cohabits with a person of opposite sex, then this becomes a cause to alter provisions of the order for alimony as support or the final judgment. If there is an evidence of altered circumstances regarding ability to support or need to support and due to this the terms of the decree are proved to the unreasonable to either party, then there is a modification in the divorce decree regarding the payment of alimony.

Property Distribution

This state observes equitable distribution of property. The property owned by the partners prior to marriage and the undisposed property attained after the marriage is entered in the decree by the Court. The Court separates the property amongst the partners in a just and reasonable manner. Such a distribution of property is done as per Section 121 of Title 43 of the statutes of the state.

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