Law on a Divorce & Property in Oklahoma

By Heather Frances J.D.

To get a divorce in Oklahoma, you must obtain a divorce decree from an Oklahoma court. Before the court can issue a decree, you must provide a reason, or grounds, for the divorce, and the court must make decisions about property division, child custody and child support. If you and your spouse agree about property division, the court can adopt your agreement as part of its decree.

Grounds and Property Division

Oklahoma recognizes both fault and no-fault grounds, and many couples file under the no-fault ground of “incompatibility.” If you file for divorce under one of the fault-based grounds, including adultery, impotence, extreme cruelty or abandonment, you have the burden of proving your allegation. If you file based on incompatibility, you do not have to fight about fault. However, even if you file for divorce on no-fault grounds and you and your spouse both want the divorce, either of you can contest how your property is divided.

Separate Property

Typically, Oklahoma courts only have authority to distribute marital property, not your separate property. Items acquired before your marriage, by inheritance or gift, or after one spouse files for divorce are considered separate property. Usually, each spouse keeps all of his separate property. However, separate property that is not kept separate from marital property may transmute, or change, into marital property and become divisible by the court. For example, if you receive an inheritance but add those funds to your family checking account and use the money in that account to pay marital bills, the court may find your inheritance has transmuted from separate property to marital property.

Divorce is never easy, but we can help. Learn More

Marital Property

Marital property is all property acquired during the marriage by either spouse, unless the property qualifies as separate property. Marital property can include your house, personal property like clothing and even your retirement funds. Your spouse may receive part of your retirement or pension assets in the divorce if you made contributions to those funds during your marriage. However, you and your spouse can agree to divide marital property in such a way that each of you keep assets you feel are individually yours.

Equitable Distribution

Since Oklahoma is an “equitable distribution” state, one of the functions of the court is to divide your marital property in a just and equitable manner when you cannot agree, though the court’s distribution may not be exactly equal. The court will consider relevant factors, including the duration of your marriage and the contributions each of you made to the marriage. This can include the non-economic contributions of one spouse as homemaker or caretaker of the children.

Divorce is never easy, but we can help. Learn More
Interest Income From Inheritance During Divorce in Arizona


Related articles

Can a Wife Take Assets in a Divorce That Were Owned by the Husband Prior to the Marriage in Ohio?

Ohio courts can divide all types of property in your divorce -- real estate, household furnishings, vehicles and bank accounts. However, some assets are not divided because they are considered the separate property of one spouse. Under most circumstances, this includes property a husband owned prior to marriage, but there are some exceptions.

Inheritance Laws for Married People in Connecticut

You might think of an inheritance as your own property, even if you received it while you were married. After all, the money was left to you, not your spouse. However, Connecticut law allows inheritances to be divided in a divorce. Connecticut divorce courts divide property on a case-by-case basis, considering the specific circumstances of each case before splitting property.

Is New Jersey a Community Property State When it Comes to Pension & Social Security?

During your divorce proceeding, the New Jersey court has authority to divide your marital property, including real estate, personal belongings and some retirement benefits. If you don’t want the court to divide your property, you and your spouse can mutually agree on a division and distribution of marital property, and the court may adopt that division. But New Jersey courts do not have authority to divide Social Security benefits.

Get Divorced Online

Related articles

Tennessee Divorce Law Concerning Inheritance

Tennessee law requires an equitable division of property between two parties in a divorce. However, Tennessee law does ...

How to Protect Inheritance in a Kansas Divorce

In your divorce, the Kansas court will divide property between you and your spouse according to the Kansas statutes. ...

The Laws on Divorces That Are Filed in West Virginia

Though the divorce process is similar in each state, every state has its own specific procedures that apply to divorces ...

Is Inheritance a Marital Asset in Florida?

If you are getting a divorce in Florida, the property you and your spouse own together -- the so-called marital assets ...

Browse by category
Ready to Begin? GET STARTED