Will I get support Alimony?
That depends. In Oklahoma, support alimony is a “need-based” concept. The trial judge looks at the requesting spouse’s income resources, i.e. employment, investments, and child support. It then reviews the spouse’s needs or expenses. Finally, the other spouse must have the ability to pay the support alimony. Support alimony today is a “transitional” concept, providing support alimony to allow the one spouse time to become economically independent.

How is child support computed?
Child support is computed based upon a chart and the “shared income” model. The parents’ gross monthly incomes are combined. The child support is derived from locating the combined income on the chart, with amounts for one to six children.

Each parent’s portion of the health insurance premium allocated to the children is factored into the computation. Each parent’s percentage for case child support is used for child care and uncovered medical expenses.

What are “medical” expenses?
Medical expenses are defined as medical, dental, orthodontic (braces), ophthalmic (vision), psychological and counseling expenses.

Is Oklahoma a “community property” state? No. It is an “equitable division” state, which allows the trial judge leeway to balance the division between the spouses, and take into account if one spouse wasted marital property, or removed monies just prior to the divorce being filed, etc. Generally, it results in a 50/50 division of assets and debts.

How long do I have to wait before I’m divorced?
Generally, if you have no children, as little as ten days after the petition is filed. If you have children, then 90 days unless the court allows an exception: you had marital or family counseling and reconciliation is unlikely. If you entered into a “covenant” marriage, then you must wait even longer.

Can I get attorney fees if I have to fight my spouse in court?
Attorney fees are awarded at the discretion of the judge. The award is based upon a multi-factor test, including the basis of the case and its outcome, which party placed the children’s interests above their own, whether one party heightened the cost of litigation due to unreasonable conduct, and the financial resources of each party. Each judge takes a different approach to attorney fees, and there is no “rule of thumb”.

Do I get a better property award or more support alimony if my spouse had an affair during the marriage?
No. Oklahoma became a “no-fault” statute over twenty years ago.

Who will get custody of the children?
There is no statutory presumption for joint custody and equal access to the children. However, if the parties cannot agree on joint custody or a schedule, the trial judge looks at the history of the marriage: who historically has been the primary caregiver, who takes the children to school, the dentist, their practices and events. If you shared parenting responsibilities during the marriage, then it is likely that the trial judge will try to maintain that schedule.

After the petition is filed, how long do I have to wait until my spouse moves out of the house?
Depending on the county, you must wait from two to four weeks. An application for temporary order should be filed with the petition that begins the case. The application is the document that requests the trial judge to decide which spouse leaves the house, who has temporary custody of the children, set the schedule for the children to see each parent and for child support, and decide who pays the bills and other expenses.