Need guidance for divorce, custody, or child support matters? Putnam Law Office provides compassionate, results-driven representation – Contact an experienced Oklahoma City family law lawyer today to protect your rights and your family’s future.
Family law challenges can be emotional and difficult to manage. As an experienced Oklahoma City family law lawyer, Brian Putnam helps individuals and families handle divorce, custody, and other family matters with compassion and integrity. A retired U.S. Air Force officer with more than 20 years of service, he leads the Putnam Law Office with a commitment to honesty, communication, and practical solutions.
The law office, located in downtown Oklahoma City, provides trusted legal guidance and personal attention to help clients move forward with confidence.
What Are the Grounds for Divorce in Oklahoma?
Oklahoma recognizes both no-fault and fault-based grounds for divorce, offering couples flexibility in seeking to dissolve their marriage under various circumstances.
No-Fault Divorce: Incompatibility
Oklahoma’s most common ground for divorce is incompatibility, which requires no proof of wrongdoing by either spouse. Incompatibility simply means the couple can no longer get along and has no reasonable expectation of reconciliation. This no-fault option simplifies the divorce process and typically reduces conflict between parties.
When filing for divorce based on incompatibility and minor children are involved, Oklahoma law requires both parents to complete a parenting education class before the court can finalize the decree. This program addresses co-parenting strategies, conflict management, child development stages, and ways to minimize the emotional impact of divorce on children.
Fault-Based Grounds for Divorce
Oklahoma Statutes Title 43 recognizes twelve fault-based grounds for divorce, each requiring specific proof:
- Abandonment for one continuous year
- Adultery (infidelity or extramarital affairs)
- Impotence (inability to consummate the marriage)
- When the wife was pregnant with another man’s child at the time of the marriage
- Extreme cruelty (physical or emotional abuse, making cohabitation unbearable)
- Fraudulent contract (marriage based on fraud or misrepresentation)
- Incompatibility (If the couple has a child under 18, both parents are legally required to attend an educational program that explains how divorce can affect children.)
- Habitual drunkenness (excessive alcohol consumption impacting the marriage)
- Gross neglect of duty (failure to fulfill marital obligations)
- Imprisonment for a felony conviction
- Procurement of a divorce decree in another state that doesn’t release the other spouse from marital obligations
- Insanity for five years with confinement in an institution and a poor prognosis for recovery
While fault grounds are available, proving them requires substantial evidence and can complicate divorce proceedings. The court considers fault primarily when it has resulted in financial consequences for the spouse or children.
What Are the Residency Requirements to File for Divorce in Oklahoma?
To file for divorce in Oklahoma, either spouse must have been a resident of Oklahoma for six months immediately before filing the petition. Additionally, the petition must be filed in a county where either party has resided for at least 30 days or in the county where the respondent resides. Military personnel stationed at any United States Army post or military reservation in Oklahoma for 6 months also meet the residency requirements.
Oklahoma imposes mandatory waiting periods before divorce decrees can be finalized. For couples without minor children, a 10-day waiting period applies. When minor children are involved, the waiting period is extended to 90 days, often referred to as a “cooling off period,” which may be waived for good cause if neither party objects.
How Putnam Law Office Can Help with Divorce in Oklahoma City
Putnam Law Office can assist clients throughout Oklahoma City, from the State Capitol area to Will Rogers World Airport, from Lake Hefner to Tinker Air Force Base. An experienced Oklahoma City family law lawyer can prepare accurate divorce petitions, properly serve opposing parties, and navigate Oklahoma County District Court procedures efficiently.
How Does Oklahoma Decide Child Custody?
Oklahoma courts focus on what’s best for the child when making custody decisions. Judges consider the child’s physical, emotional, and moral well-being to determine a custody arrangement that best supports the child’s overall welfare.
Parents who understand how this “best interest” standard works are better prepared to present their case and seek arrangements that serve both their child’s needs and their family’s situation.
Types of Custody Under Oklahoma Law
Oklahoma family law recognizes two distinct forms of custody:
Legal custody refers to a parent’s authority to make significant decisions affecting the child’s life, including educational choices, medical treatment, religious upbringing, extracurricular activities, and other significant long-term matters. Parents may share joint legal custody, or one parent may have sole legal custody.
Physical custody determines where the child primarily resides and how parenting time is divided. Physical custody refers to the arrangement that determines which parent the child resides with on a day-to-day basis. Parents can share joint physical custody, with both parents having substantial time, or one parent may have primary physical custody while the other receives visitation.
When determining custody arrangements, Oklahoma courts consider multiple factors outlined in state statutes:
- Each parent’s willingness to foster a relationship between the child and the other parent (The court does not favor one parent based on gender but looks at which parent is more likely to promote regular contact with the noncustodial parent.)
- The child’s adjustment to home, school, and community environments
- The mental and physical health of all individuals involved
- The interaction and interrelationship of the child with parents, siblings, and other persons who may significantly affect the child’s well-being
- Each parent’s ability to provide for the child’s physical and emotional needs, including stable housing, adequate clothing, and consistent emotional availability
- The age of the child and how developmental needs may vary between younger and older children
- Evidence of domestic violence, child abuse, stalking, or harassment by either parent (If proven, courts presume it is not in the child’s best interest to grant custody or unsupervised visitation to the abusive parent.)
- History of substance abuse or alcohol dependency that could negatively impact the child’s well-being
Oklahoma courts encourage both parents to share parenting responsibilities whenever possible.
The Uniform Child Abduction Prevention Act
In May 2025, Oklahoma Governor Kevin Stitt signed House Bill 2081, called the Uniform Child Abduction Prevention Act. This law gives Oklahoma courts stronger powers to step in when there is a real risk that a child could be wrongfully taken or kept from a parent during custody disputes.
Under the Act, judges can issue abduction prevention orders if there’s credible evidence that a child may be taken without permission. These orders can include limits on travel, supervised visits, passport surrender, and law enforcement assistance to protect the child.
The law also establishes clear guidelines for parents or guardians to request these orders and facilitates collaboration among courts in different states. Overall, this legislation strengthens child safety in custody cases where abduction or illegal relocation is a concern.
Children’s Custody Preferences in Oklahoma
Oklahoma law permits courts to consider a child’s preference for custody, but only under specific circumstances. Generally, judges will not consider a child’s custodial preference if the child is under 12 years old. For children 12 and older, courts evaluate whether the child possesses sufficient age, intelligence, judgment, maturity, and discretion to express an enlightened opinion about their welfare and future.
If a child can express only a whim, such as preferring the parent with more lenient rules, the court will not give that preference significant weight. The child’s best interests always control the outcome, not merely the child’s wishes.
Rather than requiring children to testify in open court, Oklahoma judges often conduct private in-chambers interviews with the child. Parents are not present, although attorneys and a court reporter are in attendance. This approach protects children from the pressure of expressing preferences in front of parents. Courts may also appoint a guardian ad litem to represent the child’s interests.
Presumptions Against Custody for Certain Individuals
Oklahoma Statutes Title 43 § 112.5 establishes rebuttable presumptions, which generally discourage courts from giving custody, legal guardianship, or unsupervised visitation to:
- Registered sex offenders
- Persons living with registered sex offenders
- Convicted child abusers or persons residing with convicted child abusers
- Persons with convictions related to child kidnapping
- Alcohol or drug-dependent individuals
- Domestic violence perpetrators or persons living with domestic abusers
These presumptions can be overcome with substantial evidence, but supervised visitation is typically required until the court determines the child would be safe in that parent’s care.
How Does Oklahoma Calculate and Enforce Child Support?
Oklahoma establishes child support guidelines to ensure children receive fair financial support from both parents. Knowing how these calculations work and how the courts enforce payments helps parents handle this critical part of family law with confidence and clarity.
Calculating Child Support Under Oklahoma Law
Oklahoma uses an income-sharing model to calculate child support, which considers both parents’ gross monthly incomes, the number of children requiring support, and certain allowable deductions. The Oklahoma Child Support Guidelines presume that children should receive the same proportion of parental income they would have received if the parents remained together.
Factors influencing child support calculations may include:
- Both parents’ gross monthly income from all sources (employment, self-employment, bonuses, commissions, investment income, rental income, etc.)
- Health insurance costs for the children
- Childcare expenses necessary for parental employment or education
- Extraordinary medical expenses not covered by insurance
- The amount of time each parent has physical custody
The court may deviate from guideline amounts when applying them would be unjust or inappropriate based on specific case circumstances. However, any deviation requires written findings explaining why the deviation serves the children’s best interests.
Duration of Child Support Obligations
Oklahoma Statutes establishes that children are entitled to parental support until they reach 18 years of age. However, if a child regularly attends high school as a full-time student, support continues until the child graduates, reaches age 19, or stops attending school. Whichever occurs first.
How Do Protective Orders Work in Oklahoma Domestic Violence Cases?
Oklahoma’s Protection from Domestic Abuse Act provides legal protection for victims of domestic violence, stalking, and harassment through protective orders. These civil orders can provide immediate safety measures while underlying family law cases proceed.
Types of Protective Orders in Oklahoma
Emergency/Ex Parte Orders (EPO/temporary) can be issued ex parte (without the other party present) when immediate danger exists. This order may be effective for up to 14 days (or until the hearing) and may be requested by the victim or by law enforcement on the victim’s behalf.
To obtain an Emergency Protective Order (EPO), the petitioner must provide credible evidence. This can include police reports, Department of Human Services reports, or notarized affidavits from witnesses with firsthand knowledge showing that the child or victim is in a situation that endangers their safety. That, without immediate intervention, serious harm is likely.
Final Protective Orders (sometimes referred to as VPOs or Victim Protective Orders) provide longer-term protection and are issued after a full hearing, during which both parties can present evidence. These orders can prohibit contact, require the respondent to stay away from specific locations such as the petitioner’s home, work, school, or children’s day care, award temporary custody of children, and mandate other protective measures.
Impact of Domestic Violence on Custody Decisions
Oklahoma courts (under Title §43-109) take allegations of domestic violence, child abuse, stalking, and harassment extremely seriously in custody proceedings. When a judge finds credible evidence that a parent has engaged in such behavior, Oklahoma law presumes it is not in the child’s best interest to award custody or unsupervised visitation to the abusive parent.
Relevant behavior that courts and legal resources recognize includes:
- Physical harm or violent acts toward the child or parent
- Threats of physical harm causing fear of imminent danger
- A pattern or course of conduct of stalking, harassing, or intimidating behavior that serves no legitimate purpose
- Coercive control or emotional abuse, including psychological, sexual, economic, or emotional manipulation, as recognized in legal commentary
While the presumption against custody for abusive parents is strong, it can be rebutted with evidence. Even when custody is denied, abusive parents may receive supervised visitation if the court can ensure the safety of both the child and the non-abusive parent during visits.
Supervised Visitation Requirements
Oklahoma mandates supervised visitation under certain circumstances. Parents listed on the Oklahoma Sex Offenders Registration, those with convictions related to child abuse or kidnapping, or those living with registered sex offenders, must have supervised visitation. Courts may also order supervision when parents struggle with substance abuse issues that could endanger children.
Various nonprofit organizations and government services throughout Oklahoma County provide supervised visitation services. Some free services require an active child support case with the Department of Human Services.
Our team at the Putnam Law Office represents clients seeking protective orders and guides them throughout the process.
Paternity, Adoption, and Other Family Law Matters
Beyond divorce and custody disputes, the Putnam Law Office handles a range of family law matters that affect families in Oklahoma City.
Establishing Paternity in Oklahoma
When parents are unmarried, establishing paternity is critical in securing both parental rights and responsibilities for the biological father and the child.
- Voluntary Acknowledgment of Paternity (AOP): If both the mother and the man agree that he is the child’s father, they may sign the Acknowledgment of Paternity form. Once filed with the Oklahoma State Department of Health (or through the hospital at birth), that acknowledgment becomes a legal finding of paternity. Signing the AOP allows the father’s name to be placed on the birth certificate and opens the door to child support, inheritance rights, and other legal protections.
- Court Petition/Adjudication of Paternity: If paternity is disputed, either parent (or the Department of Human Services) may file a petition under the Oklahoma Uniform Parentage Act. The court may order genetic/DNA testing to determine fatherhood.
Establishing paternity provides children with necessary legal rights, including child support, inheritance rights, access to the father’s medical history, and potential Social Security or veterans benefits. For fathers, establishing paternity secures legal rights to participate in the child’s life and make decisions affecting the child’s upbringing.
Alimony and Spousal Support
Oklahoma courts may award alimony (spousal support) to help ensure fairness after divorce. To qualify, the requesting spouse must show a genuine financial need for maintenance, and the other spouse must have the ability to pay.
Unlike child support, Oklahoma law does not use a fixed formula to calculate alimony. Instead, judges have the flexibility to decide the amount and length of support based on each couple’s circumstances. When making these decisions, courts may consider factors such as:
- How long the marriage lasted
- Each spouse’s ability to earn and work history
- Age and health of each spouse
- The standard of living during the marriage
- Contributions each spouse made, including homemaking and childcare
- Education and training of both spouses
- How the property was divided in the divorce
These factors originate from Oklahoma case law, rather than a single statute, providing courts with flexibility to tailor awards to each family’s specific needs.
How Putnam Law Office Can Assist
At the Putnam Law Office, our team of Oklahoma City family law lawyers serves clients throughout the greater Oklahoma City metropolitan area, including neighborhoods and communities near Lake Overholser, Martin Park Nature Center, and Frontier City.
An experienced Oklahoma City family law lawyer can help clients present clear evidence of financial need, negotiate fair settlements, and pursue court orders that reflect their best interests. The firm also offers flexible payment plans to make skilled legal representation accessible during significant life transitions.
Property Division in Oklahoma Divorce
Oklahoma follows equitable distribution principles when dividing marital property in divorce, meaning courts divide assets and debts fairly based on multiple factors, rather than necessarily in a 50/50 split.
Marital vs. Separate Property
Marital property includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. This can include homes, cars, retirement and investment accounts, business interests, and personal belongings bought while married.
Separate property includes assets owned by one spouse before marriage, inheritances received by one spouse, gifts given specifically to one spouse, and property acquired by one spouse after separation. Separate property generally remains the property of the spouse who owned it, unless it becomes commingled with marital assets or joint efforts during the marriage.
Factors Courts Consider in Property Division
Oklahoma County District Court judges evaluate numerous factors when dividing marital property:
- Duration of the marriage
- Each spouse’s earning capacity and economic circumstances
- The contributions each spouse made to acquiring marital property
- Each spouse’s age and health
- Tax consequences of the property division
- Any dissipation of marital assets (such as gambling or extravagant spending)
The court aims for a fair and reasonable division, considering each case’s unique circumstances and both financial and non-financial contributions to the marriage.
How Debts are Divided in Oklahoma Divorces
Oklahoma courts also divide marital debts equitably. Credit card debt, mortgages, car loans, medical bills, and other obligations incurred during the marriage are typically allocated between spouses based on factors similar to those used for asset division.
When one spouse incurred debt for non-marital purposes, such as funding an extramarital affair or gambling, courts may assign that debt primarily or entirely to the spouse who created it.
Handling Business Interests and Professional Practices in Divorce
When one or both spouses own business interests or professional practices, valuing and dividing these assets becomes complex. Courts may order business valuations by qualified experts to determine fair market value. Options for handling business interests include:
- One spouse retains the business while the other receives offsetting assets of equivalent value
- Selling the business and dividing the proceeds
- Both spouses continue as business partners (rare except in amicable divorces)
Oklahoma courts (§ 43-121(B)) aim to divide property and debts in a fair manner, taking into account each spouse’s contributions, circumstances, and the unique details of the marriage.
The Putnam Law Office Approach: Integrity, Communication, and Results
Putnam Law Office distinguishes itself through Attorney Brian Putnam’s commitment to core values developed during two decades of military service: integrity, honest communication, and unwavering dedication to clients’ best interests.
Military Leadership Applied to Legal Practice
Brian Putnam built his career in the U.S. Air Force, taking on leadership roles of increasing responsibility and ultimately serving as Director of Strategic Initiatives. Handling high-pressure situations, negotiating complex agreements, and making decisions that impacted thousands of people gave him experience that now informs his legal practice.
Whether managing family law matters or personal injury cases, he approaches each situation with careful planning, practical strategy, and, when necessary, assertive advocacy in the courtroom. His military background brings discipline, focus, and results-driven thinking to every case.
Honest Communication: Even When It’s Difficult
After 20 years as a military officer, Attorney Putnam understands that integrity means doing what’s right even when delivering difficult news. His commitment to clients includes:
Always providing honest assessments: Rather than offering false hope, Mr. Putnam offers objective advice that covers every relevant consideration, enabling clients to make informed decisions. Clients receive realistic evaluations of their case strengths, weaknesses, and likely outcomes.
Responsive communication: Clients would rather hear updates, even when there’s no significant news, than wonder about their case status. Putnam Law Office maintains regular contact and promptly returns phone calls and emails.
Transparent billing: The firm provides clear, upfront information about legal fees and offers flexible payment plans. Financial stress often accompanies family law matters, and Putnam Law Office works with clients to make quality representation accessible.
No-surprise strategies: Clients understand the legal strategy, why specific approaches are recommended, and what to expect at each stage of the proceedings.
Community Roots and Local Knowledge
As a Del City native who returned to Oklahoma after military retirement to serve his home community, Attorney Putnam possesses deep knowledge of Oklahoma City neighborhoods, local courts, and the judges who preside over family law matters. This regional insight may provide strategic advantages in case preparation and courtroom advocacy.
Frequently Asked Questions About Oklahoma Family Law
How long does a divorce take in Oklahoma?
The timeline for divorce in Oklahoma depends on whether minor children are involved and the complexity of the case. For couples without minor children, Oklahoma imposes a 10-day waiting period from the date of filing. For couples with minor children, a 90-day waiting period applies; however, courts may waive this requirement for good cause, provided neither party objects.
Uncontested divorces where both parties agree on all terms can be finalized shortly after the waiting period ends. Contested divorces involving disputes over property division, custody, or support can take several months to over a year, depending on the court’s schedule and the complexity of issues requiring resolution.
Can I get a divorce in Oklahoma if my spouse disagrees?
Yes, you can get a divorce in Oklahoma even if your spouse disagrees. Oklahoma allows no-fault divorce based on incompatibility, meaning one spouse can file even if the other objects. While the objecting spouse cannot stop the divorce, they can contest specific issues, such as property division, child custody, or support, which the court will decide based on the evidence.
How is child custody determined in Oklahoma?
Child custody in Oklahoma is determined based on the child’s best interest. Courts consider each parent’s willingness to support the other parent’s relationship with the child, the child’s adjustment to home and school, the health of all parties, and any history of abuse or substance issues. Oklahoma law presumes access to both parents unless evidence shows otherwise.
How is child support calculated in Oklahoma?
Oklahoma calculates child support using an income shares model. Courts consider both parents’ gross monthly incomes, the number of children, health insurance, childcare, and extraordinary medical expenses. Child support aims to provide children with the same proportion of their parents’ income that they would have if the parents were living together. Courts may adjust amounts when necessary, but must explain deviations.
Can child support be modified in Oklahoma?
Yes, child support can be modified in Oklahoma when there is a substantial change in circumstances. Either parent may request modification for changes in income, child needs, health insurance, childcare costs, or custody arrangements. The parent must file a motion and show that circumstances have materially changed.
What is the difference between legal custody and physical custody?
Legal custody in Oklahoma grants a parent the authority to make significant decisions regarding the child’s life, including education, medical care, and religious upbringing. Physical custody determines where the child lives and how parenting time is divided. Parents can share joint legal custody with one parent having primary physical custody, or have sole custody in either category, depending on the child’s best interests.
Does Oklahoma favor mothers over fathers in custody cases?
No, Oklahoma does not favor mothers over fathers in custody cases. Courts must apply the best interest standard equally to both parents. Both mothers and fathers have equal standing, and custody decisions are based on their parenting abilities, involvement, and other factors that affect the child’s best interest.
How does domestic violence affect custody decisions in Oklahoma?
Domestic violence affects custody decisions in Oklahoma by creating a presumption against awarding custody or unsupervised visitation to an abusive parent. Courts consider credible evidence of abuse, stalking, or harassment. While this presumption can be rebutted, abusive parents usually receive only supervised visitation until the court finds the child would be safe in their care.
Trusted Family Law Attorney for Oklahoma City Families
Family law matters require both legal expertise and a deep understanding of personal circumstances. Whether you’re contemplating divorce, fighting for custody of your children, seeking to modify an existing order, establishing paternity, or addressing domestic violence concerns, Putnam Law Office provides knowledgeable guidance and steadfast advocacy.
Attorney Brian Putnam’s unique combination of military leadership experience, legal knowledge, and genuine commitment to serving his community makes him a trusted choice for Oklahoma City families facing complex legal challenges. His promise to always communicate honestly, even when delivering difficult news, ensures clients can make fully informed decisions about their futures.
Don’t navigate complex family law matters alone. Contact Putnam Law Office today to schedule your first free consultation and discuss how our firm can protect your rights and your family’s future.
Call 405-724-7701 to speak with our Oklahoma City family law lawyer who will listen to your concerns, explain your legal options, and fight for outcomes that serve your best interests.
