Oklahoma Divorce Questions

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Before applying for divorce in the state of Oklahoma, you should be aware about certain facts about divorce laws in this state. When you desire to file a divorce, there would several questions that would pop up in your mind. Along with the divorce filing procedure in this state, you would like to be aware about the types of custodies allowed in this state, the minimum duration of the divorce, what is the meaning of term retainer fee, the grounds of divorce that are acceptable in this state, the visitation rights allowed to sibling and grandparents, and how are the visitation or child custody issues handled by the court. Here we are providing a list of Oklahoma divorce questions and their answers.

Some examples of Oklahoma Divorce Questions

Which are the types of custodies in this state?

Answer: There are 2 types.

  • Joint Custody: The child resides at one place. Both the divorcing partners are equally responsible regarding taking decisions about the medical facilities and education of the child
  • Sole Custody: One divorcing partner is granted the custody of the child. The visitation rights are given to the non-custodial partner

Q. What is the minimum duration of divorce in this state?

A. If the divorcing parents have minor children, the duration of divorce is about 90 days. If the divorcing parents do not have minor children then, much lesser time is required and this is about 10 days.

Q.Explain the term 'retainer fee'?

A. If the divorce attorney's fees are paid in advance, it is known as retainer fee. A majority of divorce attorneys levy the fees on an hourly basis and then send invoices consistently to the divorcing partner. In this invoice, the hours for which the lawyer has worked and the corresponding bill is mentioned.

Consider that the retainer fee has been paid and the divorce case is a contested one. Then, the amount of time essential for completion of the case cannot be judged. So, the divorcing partner would be required to pay more money after the retainer fee has been covered.

Q. In Oklahoma what are the grounds of divorce that are recognized?

A. There are many grounds like:

  • Incompatibility of the partners (no fault ground)
  • Insanity for a period of 5 years
  • Imprisonment for the commission of a felony
  • Gross neglect of duty
  • Habitual drunkenness
  • Fraudulent contract
  • Extreme cruelty
  • At the moment of marriage, if the wife is pregnant due to a person other than the husband
  • Impotence
  • Adultery
  • Abandonment for 1 year

Q. Are visitation rights awarded to siblings or grandparents?

A. Yes. If the court concludes it is in the best interests of the child, then visitation rights are given to siblings or grandparents.

Q. How does the court handle issues like child custody and visitation?

A. The court considers the issues like child custody on the basis of the best interests of the child. The gender of the parent has no importance in the eyes of the court. If one or both divorcing partners have requested for joint custody, then the following must be submitted to the court.

  • Parenting plans mentioning the plan for the child's care
  • Dental and medical care of the child
  • School placement
  • Visitation rights
  • Child support obligations
  • Physical living arrangements for the child

Regarding the issue of awarding sole custody, the court takes into account which parent would permit continuous and frequent contact of the child with other parent. In either types of custody, the child is given freedom to voice his or her liking, but further the court is not bound by the preference given by the child.

In case of child custody, the court might order individual counseling or order the divorcing parents to attend an educational program that is related to the impact of divorce on children.

Q. Is this state an equitable distribution state?

A. Yes. Oklahoma is an equitable distribution state.

The list of relevant Oklahoma divorce questions and their answers that are provided above have be collated considering important details you need to know about divorce laws, filing process and other important legal procedures related to divorce. It is essential to know the answers to the questions listed above before you file a divorce. It will give you a clear idea about the grounds of divorce, child custody, visitation rules, equitable distribution, duration of divorce, retainer fees etc. By knowing about these rules and legal procedures, you can plan your divorce filing and further procedures with your lawyer.

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