OK Bar Family Law 2 — Questions and Answers
Question 1: In Oklahoma, what is the minimum residency requirement for a petitioner to file for divorce in the state?
- Six months immediately before filing (Correct answer)
- Ninety days immediately before filing
- One year immediately before filing
- Thirty days immediately before filing
Correct answer: Six months immediately before filing
Oklahoma requires the petitioner to have been an actual resident of the state in good faith for six months immediately preceding the filing of the divorce petition.
Question 2: A husband and wife in Oklahoma divorce after 12 years of marriage. The wife inherited a ranch from her father during the marriage and kept it titled solely in her name. How will the court most likely treat the ranch?
- As her separate property not subject to equitable division (Correct answer)
- As marital property because it was acquired during the marriage
- As marital property because the marriage lasted over ten years
- As jointly owned property split equally between the spouses
Correct answer: As her separate property not subject to equitable division
Property acquired by gift or inheritance during marriage remains separate property in Oklahoma unless it has been commingled or transmuted into marital property.
Question 3: Under Oklahoma law, which of the following is a recognized fault-based ground for divorce?
- Habitual drunkenness (Correct answer)
- Financial irresponsibility
- Loss of romantic affection
- Refusal to relocate for a spouse's job
Correct answer: Habitual drunkenness
Oklahoma statute lists habitual drunkenness among its fault grounds, alongside grounds such as abandonment, adultery, and extreme cruelty.
Question 4: An Oklahoma court is dividing marital property in a divorce. What standard governs the division?
- A just and reasonable (equitable) division, which need not be equal (Correct answer)
- A strictly equal fifty-fifty division
- Division according to whose name is on the title
- Division based solely on which spouse earned more income
Correct answer: A just and reasonable (equitable) division, which need not be equal
Oklahoma is an equitable distribution state, so the court divides marital property in a manner that is just and reasonable, not necessarily equal.
Question 5: In Oklahoma, when a divorce is granted and minor children are involved, when does the decree ordinarily become final for purposes of remarriage?
- Six months after the decree is entered (Correct answer)
- Immediately upon entry of the decree
- Thirty days after the decree is entered
- One year after the decree is entered
Correct answer: Six months after the decree is entered
Oklahoma law prohibits either party from marrying a third person within six months of the divorce decree, effectively delaying finality for remarriage purposes.
Question 6: A mother seeks to relocate with her child more than 75 miles from her Oklahoma residence. What does Oklahoma's relocation statute require her to do first?
- Give advance written notice to the other parent, who may then object (Correct answer)
- Obtain the child's written consent
- Petition the court for permission before giving any notice
- Nothing, because the custodial parent may relocate freely
Correct answer: Give advance written notice to the other parent, who may then object
Oklahoma's relocation statute requires the relocating parent to give notice to the other parent, who then has the opportunity to object and trigger a court hearing.
Question 7: Which factor is an Oklahoma court prohibited from using as the sole basis for denying custody to a parent?
- The parent's disability, standing alone (Correct answer)
- Evidence of ongoing domestic abuse
- The parent's history of child neglect
- A protective order entered against the parent
Correct answer: The parent's disability, standing alone
Oklahoma law provides that a parent's disability alone cannot be the basis for denying or restricting custody absent a showing that it harms the child.
OK Bar Family Law 2
In Oklahoma, what is the minimum residency requirement for a petitioner to file for divorce in the state?