DISCLAIMER: The following information is purposely general in nature; please consult your state's and locality's specific laws and/or contact an attorney for specific information and advice.
Marriage is defined as a civil contract between two people of the opposite sex, capable of contracting. To be married, two people must be of opposite gender. "Capable of contracting" means that both persons must be of age, or have the consent of a parent, and must be unmarried and not divorced within the six months prior to entering the current marriage contract.
Oklahoma is one of 12 States and the District of Columbia that allow the creation of marriage by common law within their borders. A common-law marriage is one in which there is no ceremony or marriage license. First and foremost, the definition of the previous question still applies. Parties must be capable of contracting and of opposite gender. A common law marriage requires an actual agreement by the two people to act as husband and wife. The agreement may be by words or conduct.
There must also be a "holding out" of the marital status. This means that the parties must represent themselves as married to others, such as using the same name, calling each other "husband" or "wife", opening joint accounts or contracting joint debt, filing a joint tax return, etc.
If there is a disagreement as to whether or not the parties are married, the person alleging that a marriage exists must prove the marriage by clear and convincing evidence. If the relationship is not initially a common law marriage, because of a lack of contract capacity, the common law marriage may still be created if the couple continues the "marital" relationship after the contract defect is removed.
The Common Law marriage can be terminated in the same way a ceremonial marriage can be terminated--divorce or death. The only difference between a ceremonial marriage and a common law marriage is the method of creation of the marriage itself. Once created, there is no difference between the ceremonial marriage and the common law marriage whatsoever.
Remembering that marriage is a contract, an annulment is a method of voiding a marriage "ab initio" (from the beginning). If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. An annulment can only be granted, however, if the marriage contract suffers from a defect in the contract formation. Such defects include an underage party without parental consent, a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract. An annulment can only be granted to the innocent party, or the party that suffers from the defect.
An annulment cannot be granted in a common-law marriage. Since the defect or fraud goes to the creation of the contract, if any of the annulment grounds exist, that ground would prevent the creation of the common-law marriage.
Separate Maintenance, sometimes called a "Legal Separation", is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property and debts. A decree of separate maintenance cannot be "converted" to a divorce decree. If parties in a legal separation later desire a divorce, they must file a new divorce action.
A divorce is started by filing a petition in the District Court. To file for a divorce in a county, the person filing must have been a resident of Oklahoma for the six months preceding the filing of the petition, and also must have been a resident of that county for at least 30 days or the action must be filed in the county where the non-filing party resides.
The first step in the process is to determine if a Temporary Order is desired. If the filing party needs support, or other relief while the divorce is pending, then the party should file an "Application for Temporary Order" at the same time the petition is filed. Copies of the filed Petition and Application are delivered to the Judge, who will set a date for the hearing on the Application.
If the non-filing party is aware of the filing, and does not need to be served, the non-filing party can sign a "Waiver of Service" acknowledging receipt of the Petition, and there is no need for a summons. If the non-filing party needs to be served, a summons must be issued at the time the Petition is filed, and it must be served along with the other documents. The divorce documents can be served by Certified Mail, or delivery by a Deputy Sheriff or a Private Process server.
If the Parties agree to the terms of the Temporary Order, there is no need to go to court on the day of the Temporary Order Hearing. An "Agreed Temporary Order" can be drafted and signed by the parties and filed with the case. The court should be notified of the agreement, so that the case can be taken off the Hearing Docket for the day of the Hearing.
If there are minor children, a court cannot grant a divorce for at least 90 days after the papers are filed. If the divorce decree specifically waives this requirement, and both parties sign the decree, the requirement need not be enforced.
Issues to be determined in the divorce decree include the following:
 | Grounds for the Divorce |
| Alimony (If any) |
| Division of Property acquired during the marriage |
| Division of Marital Debt |
| Child Custody |
| Child Support |
| Visitation |
If all these issues are agreed by the parties, an Agreed Decree can be drafted and signed by the parties. At least one of the parties will need to appear before a Judge, be sworn, and give testimony. If the Judge is satisfied that the Grounds are legitimate and the Decree terms are equitable, the Judge will sign the decree.
The Divorce is final as soon as the decree is signed by the judge. It is a common misconception that the divorce is not final for 6 months. Parties to a divorce may not remarry anyone except each other for 6 months after the decree is granted.
A recent decision by the Oklahoma Supreme Court suggests that a party to an Oklahoma Divorce Decree who leaves the state and remarries in another state during the six months, will be considered validly married, if the marriage is valid in the state where the party married.
Child Support is based on a variety of factors. Initially, the combined gross monthly income of the parties is calculated. A table specifies what the child support amount is presumed to be for the income level of the parties and the number of children involved. The paying party pays the percentage of the total support amount that corresponds to the paying party's percentage of the combined income. For instance, suppose each party earns $2,000 per month. The paying party would pay 50% of the total amount from the table, since the paying party contributes 50% of the combined income.
Additionally, the paying party is responsible for the same percentage of Health Insurance premiums for the children), the uncovered medical expenses, and the employment related daycare.
No. Only the incomes of the natural or adoptive parents are used to calculate child support.
Support Alimony is rapidly becoming a thing of the past. The determination of Alimony is based on the need of the receiving party, and the ability of the paying party to pay.
Alimony is still granted, however, in cases of long-term marriages, where one spouse has stayed out of the workforce to "tend the home", or where there is a tremendous disparity between the earning capacity of the two parties.
It's possible, but don't count on it. In addition to the reasons listed in the last answer regarding Alimony, Attorney's fees may be awarded if one party has shown bad faith in the divorce proceedings, or extreme fault in the marriage. Fees are awarded at the end of the divorce, so plan on paying your attorney initially, and being reimbursed from any award. It is critically important that you discuss this with your attorney from the beginning.
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