Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed - Oklahoma 2025

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Abandonment is accepted as a legitimate ground for divorce in Oklahoma if one spouse deserts the other without sufficient justification for at least one year. Abandonment can significantly influence child custody, visitation rights, and spousal support determinations.
How debt timing affects who is responsible. The timing of a debt incurred plays a crucial role in determining who is responsible after a divorce. Generally, debts incurred during the marriage are considered marital debts, making both spouses potentially liable for repayment.
In Oklahoma, a wife is entitled to an equal share of the marital property, and debts accrued from community property are divided equitably between the couple. This ensures fair distribution of assets and debts in a divorce.
Marital property refers to assets and debts that were acquired by either spouse during the marriage. In Oklahoma, separate property, which is property acquired by one spouse before the marriage, is not subject to division in a divorce.
The Oklahoma Supreme Court has stated that marital property or debt is any property that has accumulated as a result of the joint-industry of a husband and wife. Ultimately, any asset or debt that has been acquired after two people marry is considered part of the marital estate.
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A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
The law requires a waiting period of at least 90 days between the initial filing and the hearing where a divorce can be granted if there are children and 10 days if no children. The hearing can be waived in uncontested divorces, but only when there are no minor children.

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