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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1958 By: Deevers
AS INTRODUCED
An Act relating to divorce; amending 43 O.S. 2021,
Sections 101, 107.2, and 121, which relate to grounds
for divorce, educational progr am, and division of
property; modifying permissible grounds for divorce;
updating statutory language; modifying requirements
for certain educational program; requiring court to
consider degree of fault when entering certain
orders; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 101, is
amended to read as follows:
Section 101. The district court may grant a divorce for any of
the following causes:
First. Abandonment including: desertion for one (1) year,
habitual drunkenness, gross neglect of duty, or insanity for a
period of five (5) years . In the case of insanity, the person must
have been admitted to a state institution for the insa ne in this
state or another state or a private sanitarium and received a poor
prognosis for recovery. No divorce shall be granted by reason of
insanity before a thorough examination of the insane person is
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conducted by three physicians, one of whom shall be a superintendent
of a state institution or sanitarium in which the insane person was
admitted, and the other two shall be appointed by the c ourt. If any
two of the three physicians agree that such insan e person, at the
time the petition in the divorce action is filed, has a poor
prognosis for recovery , a divorce shall be granted ; however, no
divorce shall be granted based on the provisions of this section to
any person whose husband or wife is an inmate of a state institution
in another state unless the person applying for such divorce shall
have been a resident of this state for at least five (5) years prior
to the commencement of a divorce action. A decree granted based on
the provisions of this sectio n shall not relieve the successful
party from contributing to the support and maintenance of the
defendant. The court shall appo int a guardian ad litem to represent
the insane defendant, wh ose appointment shall be made at least ten
(10) days before any decree is entered .
Second. Adultery.
Third. Impotency.
Fourth. Unknown pregnancy. When the wife at the time of her
marriage was pregnant by another than her husband unbeknownst to
him, or when the husband at the time of his marriage had impregnated
another woman other than his wife unbeknownst to her .
Fifth. Fourth. Extreme cruelty.
Sixth. Fifth. Fraudulent contract.
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Seventh. Incompatibility. Provided, however, where the
interest of a child under eighteen (18) years of a ge is involved,
the adult parties shall attend an educational program concerni ng the
impact of divorce on children as provide d in subsection B of Section
107.2 of this title.
Eighth. Habitual drunkenness.
Ninth. Gross neglect of duty.
Tenth. Imprisonment of the other party in a state or federal
penal institution under sentence there to for the commission of a
felony at the time the petition is filed.
Eleventh. Sixth. The procurement of a final divorce decree
without this state by a husband or wife which does not in this state
release the other party from the obligations of the marria ge.
Twelfth. Insanity for a period of five (5) years, the insane
person having been an inmate of a state institution for the insan e
in the State of Oklahoma, or inmate of a state institution for the
insane in some other state for such period, or of a priva te
sanitarium, and affected with a type of insanity with a poor
prognosis for recovery; provided, that no divorce shall be granted
because of insanity until after a thorough examination of such
insane person by three physicians, one of whom shall be a
superintendent of the hospital or sanitarium for the insane in which
the insane defendant is confined, and the other two to be appoint ed
by the court before whom the action is pending, and any two of such
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physicians shall agree that such insane person, at the time the
petition in the divorce action is filed, has a poor prognosis for
recovery; provided, further, however, that no divorce shall be
granted on this ground to any person whose husband or wife is an
inmate of a state institution in any other than the S tate of
Oklahoma, unless the person applying for such divorce shall have
been a resident of the State of Oklahoma for at least fiv e (5) years
prior to the commencement of an action; and provided further, th at a
decree granted on this ground shall not relie ve the successful party
from contributing to the support and maintenance of the defendant.
The court shall appoint a guardian ad litem to represent the insane
defendant, which appointment shall be made at least ten (10) days
before any decree is entered.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 107.2, is
amended to read as follows:
Section 107.2. A. Except as provided in subsection B o f this
section, in In all actions for divo rce, separate maintenance,
guardianship, paternity , custody or visitation, includi ng
modifications or enforcements of a prior cou rt order, where the
interest of a child under eighteen (18) years of a ge is involved,
the court may require all adult parties to attend an educational
program concerning, as app ropriate, the impact of separ ate parenting
and coparenting on children, the implications for visitation and
conflict management, development of children, separate f inancial
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responsibility for children and s uch other instruction as deemed
necessary by the court. The program shall be educ ational in nature
and not designed for individu al therapy.
B. In actions for divorce based upon incompatibility file d on
or after November 1, 2014, where the interest of a child under
eighteen (18) years of age is involved, the adult parties shall
attend, either separately or together, an educational program
concerning the impact of divorce on childre n. The An educational
program shall include the following components:
1. Short-term and longitudinal effects of divorce on c hild
well-being;
2. Reconciliation as an optional outcome;
3. Effects of family violence;
4. Potential child behaviors and emotional states during and
after divorce including information on how to respond to the child ’s
needs;
5. Communication strategi es to reduce conflict and fac ilitate
cooperative coparent ing; and
6. Area resources, including but not limited to nonprofit
organizations or religious e ntities available to address issues of
substance abuse or other addictions, family violence, behavioral
health, individual and couples counseling, and financial planning.
Program attendees shall be required to pay a fee of not less
than Ten Dollars ($1 0.00) and not more than Sixty Dollars ($60.00)
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to the program provider t o offset the costs of the program. The fee
may be waived by the court if an attendee uses a qualified program
that is provided free of charge. Nothing in this para graph shall
prohibit a third party from paying the fee to the program provid er
for an attendee. A certificate of completion s hall be issued upon
satisfying the attendance and fee requirements of the progr am, and
the certificate of completion shall be filed with the court. The
program provider shall carry general liability insurance and
maintain an accurate accounting of all bus iness transactions and
funds received in relation to the program. The program shall be
completed prior to the temporary order or within forty-five (45)
days of receiving a temporary order. However, and in all events, a
final disposition of child custody shall not be granted until the
parties complete the program required by this su bsection. The court
may waive attendance of the program for good caus e shown which shall
include, but not be limited to, where domestic viole nce, stalking or
harassment as defined by paragraph 2 of subsect ion I of Section 109
of this title occurred during the marriage.
C. Each judicial district may adopt its own local rules
governing the programs.
D. The Administrative Office o f the Courts may enter into a
memorandum of unders tanding with a state entity or o ther
organization in order to compile data incl uding but not limited to
the number of actions for divorce that were d ismissed after
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participating in the program, the number of programs that were
completed and the number of p rogram participants for each fiscal
year. The report sha ll include data collected from each judicial
district. The report shall be published on the Adm inistrative
Office of the Courts website and distribu ted to the Governor,
Speaker of the House of Repre sentatives, Minority Leader of t he
House of Representatives, President Pro Temp ore of the Senate and
Minority Leader of the Senate.
SECTION 3. AMENDATORY 43 O.S. 2021, Section 121, is
amended to read as follows:
Section 121. A. When a dissolution of marriage is granted, the
decree shall restore:
1. To the wife her maiden or former name, if her name was
changed as a result of the marriage and if she so desi res; and
2. To the husband his former name, if his name was changed as a
result of the marriage and if he so desires.
B. The court shall enter its decr ee confirming in each spouse
the property owned by him or her before marriage an d the undisposed-
of property acquired after marriage by him or her in his or her own
right. Either spouse may be allowed such alimony out of real and
personal property of the other as the court shall think reasonable,
having due regard to the value of such property at the time of the
dissolution of marriage. Alimony may be allowed from real or
personal property, or both, or in the form of mone y judgment,
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payable either in gros s or in installments, as the court may deem
just and equitable. As to such prop erty, whether real or personal,
which has been acquired by the parties jointly during their
marriage, whether the title thereto be in either or both of said
parties, the court shall, subject to a valid antenuptial contract in
writing, make such division between the parties as ma y appear just
and reasonable, by a division of the property in kind, or by setting
the same apart to one of the parties , and requiring the other
thereof to be paid such sum as may be just and proper to effect a
fair and just division thereof. The court may set apart a portion
of the separate estate of a spouse to the other spou se for the
support of the children of the marriage where custody resides with
that spouse. In all orders entered pursuant to this section, the
court may consider the degree of harm caused by a party, or both
parties, held at fault for the dissolution of t he marriage.
C. A servicemember’s portion of Special Monthly Compensation
(SMC) awarded by or from the United States Department of Veterans
Affairs for service-connected loss or loss of use of specific organs
or extremities shall be separate property, not divisible as a
marital asset nor as community property. For purposes of
identifying SMC, it is the sole responsibility of the servicemember
to prove with competent evidence what am ount of his or her
disability compensation is SMC.
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D. A servicemember's p ortion of Combat-Related Special
Compensation (CRSC) shall be separate property , not divisible as a
marital asset nor as community property, if a specific doll ar amount
of CRSC can be proved by the servicemember as compensation for
combat-related loss of limb or loss of bodily function and the CRSC
award was applied for and established prior to the date of the
filing of the dissolution of marriage action.
E. Pursuant to the federal U niformed Services Former Spouses'
Protection Act, 10 U.S.C., Section 1408, a court may treat
disposable retired or retainer pay payable to a military mem ber
either as property solely of the member or as property of the member
and the spouse of the member. If a state court determines that the
disposable retired or retainer pay o f a military member is the sole
and separate property of the military member, the court shall submit
clear and concise written findings of such determina tion to be
included in the decree or final order. If a state court determines
that the disposable reti red or retainer pay of a military member is
marital property, the court shall s ubmit clear and concise written
findings of such determination to be included in the decree or final
order and shall award an amount consistent with the rank, pay grade,
and time of service of the member at the date of the filing of the
petition, unless the court finds a more equitable date due to the
economic separation of the parties.
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F. Unless otherwise agreed to by the parties, any division of
an active duty military member' s retirement or retainer pay shall
use the following language:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to b e computed by multiplying fifty
percent (50%) times a fraction, the numerator of which is ____x__ __
months of marriage during the member's creditable military service,
divided by the member's total number of months of creditable
military service."
G. In the case of a member's r etiring from reserve duty, unless
otherwise agreed by the parties, any div ision of a reservist's
retirement or retainer pay shall use the following langu age:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to be computed by multiplying fifty
percent (50%) times a fraction, the numerato r of which is
__X____reserve retirement points earned during the period of the
marriage, divided by the member's total number of reserve retirement
points earned."
SECTION 4. This act shall become effective November 1, 2024.
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