Divorce; modifying permissible grounds for divorce; requiring court to consider degree of fault when entering certain orders; requiring court to order establishment of trust fund under certain circumstances. Effective date.
The proposed changes under SB829 could have significant implications on how divorces are handled, particularly in cases where children are involved. By requiring the creation of a trust fund, the bill aims to safeguard the financial interests of children, ensuring they receive proper support in terms of health, education, and overall welfare. This new requirement adds a layer of obligation for the at-fault parent, promoting accountability and emphasizing the importance of financial responsibility towards their children. The bill also introduces a structured approach to appointing an executor for the trust fund until the child turns eighteen, offering additional protection and oversight.
Senate Bill 829, introduced by Senator Deevers, seeks to amend existing Oklahoma divorce laws by introducing a requirement for establishing a trust fund in cases of fault-based divorce. The amendment modifies the permissible grounds for divorce, such as abandonment, adultery, and insanity, while also updating statutory language for clarity. The bill mandates that courts consider the degree of fault when entering related orders, aiming to enhance the welfare of children involved in these proceedings. Additionally, the legislation specifies the establishment of a trust fund for children, which the at-fault parent must set up within 60 days of the divorce decree.
While the bill intends to enhance child welfare, it may face opposition regarding the enforcement of fault considerations in divorce proceedings. Critics could argue that emphasizing fault may exacerbate conflicts between parties during an already contentious process. Furthermore, concerns around the administrative responsibilities of maintaining trust funds and the associated costs could be raised. The stipulations concerning the executor's role and the penalties for non-compliance might also be viewed as overly burdensome for the at-fault parent, prompting debate over the balance between accountability and fairness in divorce judgments.