Oklahoma § 43-107.1 - Actions where minor child involved - Delayed final order

§ 43-107.1. Actions where minor child involved - Delayed final order

- Waiver - Completion of educational program - Exceptions.

A. 1. In an action for divorce where there are minor children

involved, the court shall not issue a final order thereon for at

least ninety (90) days from the date of filing the petition which

Oklahoma Statutes - Title 43. Marriage and Family

ninety (90) days may be waived by the court for good cause shown and

without objection by either party.

2. The court may require that within the ninety-day period

specified by paragraph 1 of this subsection, the parties attend and

complete an educational program specified by Section 107.2 of this

title.

B. This section shall not apply to divorces filed for any of

the following causes:

1. Abandonment for one (1) year;

2. Extreme cruelty;

3. Habitual drunkenness;

4. Imprisonment of the other party in a state or federal penal

institution under sentence thereto for the commission of a felony at

the time the petition is filed;

5. The procurement of a final divorce decree outside this state

by a husband or wife which does not in this state release the other

party from the obligations of the marriage;

6. Insanity for a period of five (5) years, the insane person

having been an inmate of a state institution for the insane in the

State of Oklahoma, or an inmate of a state institution for the

insane in some other state for such period, or an inmate of a

private sanitarium, and affected with a type of insanity with a poor

prognosis for recovery;

7. Conviction of any crime defined by the Oklahoma Child Abuse

Reporting and Prevention Act committed upon a child of either party

to the divorce by either party to the divorce; or

8. A child of either party has been adjudicated deprived,

pursuant to the Oklahoma Children’s Code, as a result of the actions

of either party to the divorce and the party has not successfully

completed the service and treatment plan required by the court.

C. After a petition has been filed in an action for divorce

where there are minor children involved, the court may make any such

order concerning property, children, support and expenses of the

suit as provided for in Section 110 of this title, to be enforced

during the pendency of the action, as may be right and proper.

D. The court may issue a final order in an action for divorce

where minor children are involved before the ninety-day time period

set forth in subsection A of this section has expired, if the

parties voluntarily participate in marital or family counseling and

the court finds reconciliation is unlikely.

Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992. Amended by

Laws 1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7,

eff. Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.