Oklahoma Family Law: From Marriage to Divorce

Family law governs the legal aspects of family relationships, including marriage, divorce, child custody, support, and adoption. In Oklahoma, family law is enforced by the state’s court system, which includes district courts, family courts, and the Supreme Court. Family law cases can be complex and emotionally charged, and it is essential to have a deep understanding of the legal process to navigate it successfully.

Marriage in Oklahoma

In Oklahoma, marriage is regulated by the state’s marriage laws, which establish who can legally marry, the requirements for getting married, and the legal rights and responsibilities of spouses. According to the law, two individuals age eighteen or older can legally marry if they meet the following requirements:

– Both parties are unmarried.
– Both parties are of sound mind.
– Both parties consent to the marriage.
– The marriage is not prohibited by law.

Additionally, there are specific requirements for obtaining a marriage license in Oklahoma. Still, they vary by County, so couples should contact their County Clerk’s office for more information. The license must be obtained before the marriage ceremony and presented to the person performing the ceremony. After the wedding ceremony, the officiant will sign the license, and the couple will submit it to the County Clerk for recording.

Divorce in Oklahoma

Unfortunately, not all marriages last forever, and when divorce is the only option, it is essential to understand Oklahoma’s divorce laws. Like other states, Oklahoma permits both no-fault and fault-based divorce. No-fault divorce is the most straightforward type of divorce and does not require either party to show that the other did something wrong. Instead, the parties must show that their marriage is irretrievably broken, and there is no reasonable chance of reconciliation.

On the other hand, fault-based divorce requires a party to show that their spouse engaged in specific conduct that caused the marriage to break down irretrievably. These grounds include adultery, cruelty, abandonment, fraud, imprisonment, and others. Fault-based divorce can be more complicated than no-fault divorce and may require additional evidence to prove the allegations.

Child Custody and Support

When children are involved in a divorce, the issues of child custody and support become critical. Under Oklahoma law, child custody is determined by what is in the best interests of the child. The court considers a variety of factors, including the child’s age, gender, mental and physical condition, and the parents’ ability to provide for the child’s needs.

Generally, there are two types of child custody in Oklahoma: physical custody and legal custody. Physical custody pertains to where the child will live and with whom, while legal custody refers to the right and responsibility to make decisions about the child’s upbringing, including education, healthcare, and religion. Both types of custody can be joint or sole, depending on the circumstances.

Child support is a payment made by one parent to the other to ensure the child’s financial well-being. In Oklahoma, child support is determined by guidelines established by the state legislature. These guidelines consider the number of children, the parents’ income, and the amount of time the child spends with each parent. The court may deviate from the guidelines if it finds that following them would be unjust or inappropriate.

Adoption

Adoption is the process of legally establishing a parent-child relationship between individuals who are not biologically related. Oklahoma law allows for several types of adoption, including adoption by stepparents, adoption by someone who is not related to the child, and adoption of an adult. Adoption can be a complicated process, and it is essential to have the assistance of an experienced adoption attorney.

Conclusion

Oklahoma family law is comprehensive and governs all facets of family relationships, from marriage to divorce and beyond. By understanding the legal process and retaining the services of an experienced family law attorney, individuals can protect their legal rights and reach a favorable outcome in their cases. For more information on Oklahoma family law, individuals can visit the Oklahoma Bar Association’s website or speak with a knowledgeable family law attorney.

Guide to Oklahoma Family Law

While other courts often involve jury trials, family courts involve judges trying to make decisions in the best interests of families and children in the state of Oklahoma.  OK family law is a broad term that includes many different areas.  This guide will give you an overview of several different areas of Oklahoma family law.  More specific information on each area of OK family law can be found on this website, or, for legal advice in your situation, you may wish to consult an attorney.

Adoption

More families than ever are choosing to open their homes to an adopted child.  If you are considering adoption, you will need to have an attorney to help you understand the relevant portions of Oklahoma family law.  According to OK family law, all adoptions, whether private, through an agency, or through the state foster system, must be finalized by a judge in family court.

You will also have to contend with Oklahoma family law earlier in the adoption process.  OK family law determines who is eligible to adopt, and excludes those convicted of violent crimes or crimes against children.  According to Oklahoma family law, all prospective adoptive parents must also complete a home study including background checks, fingerprinting, and interviews of all household members.

Child Custody

If you are getting divorced, OK family law requires that child custody be determined by a family court judge.  Many parents are able to come to an agreement about dividing their child custody responsibilities, and in these situations, Oklahoma family law allows the court to simply approve of the parents’ plan.  According to OK family law, all decisions about custody must be made in the best interest of the child.

If parents cannot come up with an acceptable custody agreement, the court is permitted by Oklahoma family law to force the parents into mediation.  Mediation is an out of court, informal process that can help parents to come to an agreement about the division of their parenting responsibilities.  Mediation is significantly less expensive and less traumatic for children, than a full custody hearing.

Child Support

Guidelines on child support in OK family law are quite complicated.  Typically, your obligation to pay child support will be based on a percentage of your income and the base amount of support your child will need.

Paternity

Unmarried fathers must sue for paternity according to Oklahoma family law in order to have parental rights.  Family courts allow men and women to petition for a court-ordered paternity test to establish or dispute paternity of a child.  In some cases, OK family law will require a married or formerly married man to continue supporting a child even if it is not his.  Typically, this happens when a father has accepted and supported the child for some time before deciding to dispute paternity.