Divorce and Child Custody

Divorce is not always an easy decision.

Commonly couples in Oklahoma divorce because of incompatibility. Only one of the parties to the divorce needs to prove that the couple is incompatible. The court will grant a divorce if incompatibility is proven.

The State of Oklahoma requires attendance in an educational program when a couple files for divorce because of incompatibility, and the couple has a child involved in the divorce. The required educational program concerns how the divorce will impact the child or children.

A party must reside for a period of 6 months in Oklahoma before the party will be allowed to file for a divorce. Residency is a factual question. The primary factor courts consider when determining residency is intent to remain.

All district courts in Oklahoma have jurisdiction to hear divorce cases. The court must also have personal jurisdiction over the parties. The court has personal jurisdiction if one of the parties to the marriage resides in Oklahoma. However, personal jurisdiction is more complicated in cases where one of the parties has never resided in Oklahoma. The court has personal jurisdiction over a party served in Oklahoma.

A party filing for divorce can choose where to file. The party can choose to file the divorce in the county that the opposing party resides in. The party can choose to file in the county that they have resided in, provided they have resided there the 30 days preceding the filing.

Divorce actions with minor children involved require a 90-day waiting period from the time of filing before a court may issue a final order. There is a ten-day waiting period if no children are involved.

Divorces can be complicated.

Child Custody is different than it used to be.

Custody is an issue when parents are unable to come to an agreement. Our society has changed, and the role of fathers has become more important in children's lives. The court determines custody based on the best interest of the child.

This includes several factors for the court to consider. The test includes the physical, emotional, psychological, and moral welfare of the child. The parties have a right to an adversarial hearing and to present evidence to the trial court concerning the best interest of the child. The court will consider whether a parent is willing to encourage the child to have a continuing relationship with the other parent as a factor when making its determination, along with many others.