1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1958 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to divorce; amending 43 O.S. 2021,
7 Sections 101, 107.2, and 121, which relate to grounds
8 for divorce, educational program, and division of
8 property; modifying permissible grounds for divorce;
9 updating statutory language; modifying requirements
9 for certain educational program; requiring court to
10 consider degree of fault when entering certain
10 orders; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 43 O.S. 2021, Section 101, is
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15 amended to read as follows:
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16 Section 101. The district court may grant a divorce for any of
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17 the following causes:
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18 First. Abandonment including: desertion for one (1) year,
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19 habitual drunkenness, gross neglect of duty, or insanity for a
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20 period of five (5) years. In the case of insanity, the person must
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21 have been admitted to a state institution for the insane in this
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22 state or another state or a private sanitarium and received a poor
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23 prognosis for recovery. No divorce shall be granted by reason of
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24 insanity before a thorough examination of the insane person is
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 1 conducted by three physicians, one of whom shall be a superintendent
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2 of a state institution or sanitarium in which the insane person was
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3 admitted, and the other two shall be appointed by the court. If any
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4 two of the three physicians agree that such insane person, at the
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5 time the petition in the divorce action is filed, has a poor
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6 prognosis for recovery, a divorce shall be granted; however, no
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7 divorce shall be granted based on the provisions of this section to
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8 any person whose husband or wife is an inmate of a state institution
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9 in another state unless the person applying for such divorce shall
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10 have been a resident of this state for at least five (5) years prior
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11 to the commencement of a divorce action. A decree granted based on
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12 the provisions of this section shall not relieve the successful
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13 party from contributing to the support and maintenance of the
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14 defendant. The court shall appoint a guardian ad litem to represent
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15 the insane defendant, whose appointment shall be made at least ten
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16 (10) days before any decree is entered.
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17 Second. Adultery.
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18 Third. Impotency.
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19 Fourth. Unknown pregnancy. When the wife at the time of her
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20 marriage was pregnant by another than her husband unbeknownst to
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21 him, or when the husband at the time of his marriage had impregnated
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22 another woman other than his wife unbeknownst to her.
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23 Fifth. Fourth. Extreme cruelty.
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24 Sixth. Fifth. Fraudulent contract.
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 1 Seventh. Incompatibility. Provided, however, where the
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2 interest of a child under eighteen (18) years of age is involved,
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3 the adult parties shall attend an educational program concerning the
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4 impact of divorce on children as provided in subsection B of Section
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5 107.2 of this title.
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6 Eighth. Habitual drunkenness.
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7 Ninth. Gross neglect of duty.
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8 Tenth. Imprisonment of the other party in a state or federal
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9 penal institution under sentence thereto for the commission of a
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10 felony at the time the petition is filed.
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11 Eleventh. Sixth. The procurement of a final divorce decree
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12 without this state by a husband or wife which does not in this state
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13 release the other party from the obligations of the marriage.
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14 Twelfth. Insanity for a period of five (5) years, the insane
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15 person having been an inmate of a state institution for the insane
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16 in the State of Oklahoma, or inmate of a state institution for the
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17 insane in some other state for such period, or of a private
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18 sanitarium, and affected with a type of insanity with a poor
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19 prognosis for recovery; provided, that no divorce shall be granted
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20 because of insanity until after a thorough examination of such
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21 insane person by three physicians, one of whom shall be a
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22 superintendent of the hospital or sanitarium for the insane in which
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23 the insane defendant is confined, and the other two to be appointed
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24 by the court before whom the action is pending, and any two of such
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 1 physicians shall agree that such insane person, at the time the
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2 petition in the divorce action is filed, has a poor prognosis for
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3 recovery; provided, further, however, that no divorce shall be
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4 granted on this ground to any person whose husband or wife is an
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5 inmate of a state institution in any other than the State of
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6 Oklahoma, unless the person applying for such divorce shall have
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7 been a resident of the State of Oklahoma for at least five (5) years
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8 prior to the commencement of an action; and provided further, that a
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9 decree granted on this ground shall not relieve the successful party
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10 from contributing to the support and maintenance of the defendant.
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11 The court shall appoint a guardian ad litem to represent the insane
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12 defendant, which appointment shall be made at least ten (10) days
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13 before any decree is entered.
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14 SECTION 2. AMENDATORY 43 O.S. 2021, Section 107.2, is
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15 amended to read as follows:
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16 Section 107.2. A. Except as provided in subsection B of this
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17 section, in In all actions for divorce, separate maintenance,
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18 guardianship, paternity, custody or visitation, including
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19 modifications or enforcements of a prior court order, where the
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20 interest of a child under eighteen (18) years of age is involved,
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21 the court may require all adult parties to attend an educational
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22 program concerning, as appropriate, the impact of separate parenting
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23 and coparenting on children, the implications for visitation and
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24 conflict management, development of children, separate financial
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 1 responsibility for children and such other instruction as deemed
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2 necessary by the court. The program shall be educational in nature
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3 and not designed for individual therapy.
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4 B. In actions for divorce based upon incompatibility filed on
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5 or after November 1, 2014, where the interest of a child under
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6 eighteen (18) years of age is involved, the adult parties shall
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7 attend, either separately or together, an educational program
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8 concerning the impact of divorce on children. The An educational
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9 program shall include the following components:
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10 1. Short-term and longitudinal effects of divorce on child
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11 well-being;
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12 2. Reconciliation as an optional outcome;
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13 3. Effects of family violence;
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14 4. Potential child behaviors and emotional states during and
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15 after divorce including information on how to respond to the child’s
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16 needs;
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17 5. Communication strategies to reduce conflict and facilitate
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18 cooperative coparenting; and
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19 6. Area resources, including but not limited to nonprofit
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20 organizations or religious entities available to address issues of
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21 substance abuse or other addictions, family violence, behavioral
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22 health, individual and couples counseling, and financial planning.
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23 Program attendees shall be required to pay a fee of not less
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24 than Ten Dollars ($10.00) and not more than Sixty Dollars ($60.00)
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 1 to the program provider to offset the costs of the program. The fee
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2 may be waived by the court if an attendee uses a qualified program
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3 that is provided free of charge. Nothing in this paragraph shall
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4 prohibit a third party from paying the fee to the program provider
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5 for an attendee. A certificate of completion shall be issued upon
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6 satisfying the attendance and fee requirements of the program, and
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7 the certificate of completion shall be filed with the court. The
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8 program provider shall carry general liability insurance and
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9 maintain an accurate accounting of all business transactions and
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10 funds received in relation to the program. The program shall be
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11 completed prior to the temporary order or within forty-five (45)
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12 days of receiving a temporary order. However, and in all events, a
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13 final disposition of child custody shall not be granted until the
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14 parties complete the program required by this subsection. The court
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15 may waive attendance of the program for good cause shown which shall
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16 include, but not be limited to, where domestic violence, stalking or
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17 harassment as defined by paragraph 2 of subsection I of Section 109
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18 of this title occurred during the marriage.
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19 C. Each judicial district may adopt its own local rules
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20 governing the programs.
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21 D. The Administrative Office of the Courts may enter into a
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22 memorandum of understanding with a state entity or other
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23 organization in order to compile data including but not limited to
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24 the number of actions for divorce that were dismissed after
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 1 participating in the program, the number of programs that were
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2 completed and the number of program participants for each fiscal
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3 year. The report shall include data collected from each judicial
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4 district. The report shall be published on the Administrative
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5 Office of the Courts website and distributed to the Governor,
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6 Speaker of the House of Representatives, Minority Leader of the
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7 House of Representatives, President Pro Tempore of the Senate and
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8 Minority Leader of the Senate.
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9 SECTION 3. AMENDATORY 43 O.S. 2021, Section 121, is
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10 amended to read as follows:
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11 Section 121. A. When a dissolution of marriage is granted, the
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12 decree shall restore:
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13 1. To the wife her maiden or former name, if her name was
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14 changed as a result of the marriage and if she so desires; and
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15 2. To the husband his former name, if his name was changed as a
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16 result of the marriage and if he so desires.
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17 B. The court shall enter its decree confirming in each spouse
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18 the property owned by him or her before marriage and the undisposed-
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19 of property acquired after marriage by him or her in his or her own
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20 right. Either spouse may be allowed such alimony out of real and
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21 personal property of the other as the court shall think reasonable,
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22 having due regard to the value of such property at the time of the
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23 dissolution of marriage. Alimony may be allowed from real or
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24 personal property, or both, or in the form of money judgment,
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 1 payable either in gross or in installments, as the court may deem
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2 just and equitable. As to such property, whether real or personal,
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3 which has been acquired by the parties jointly during their
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4 marriage, whether the title thereto be in either or both of said
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5 parties, the court shall, subject to a valid antenuptial contract in
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6 writing, make such division between the parties as may appear just
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7 and reasonable, by a division of the property in kind, or by setting
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8 the same apart to one of the parties, and requiring the other
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9 thereof to be paid such sum as may be just and proper to effect a
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10 fair and just division thereof. The court may set apart a portion
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11 of the separate estate of a spouse to the other spouse for the
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12 support of the children of the marriage where custody resides with
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13 that spouse. In all orders entered pursuant to this section, the
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14 court may consider the degree of harm caused by a party, or both
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15 parties, held at fault for the dissolution of the marriage.
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16 C. A servicemember’s portion of Special Monthly Compensation
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17 (SMC) awarded by or from the United States Department of Veterans
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18 Affairs for service-connected loss or loss of use of specific organs
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19 or extremities shall be separate property, not divisible as a
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20 marital asset nor as community property. For purposes of
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21 identifying SMC, it is the sole responsibility of the servicemember
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22 to prove with competent evidence what amount of his or her
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23 disability compensation is SMC.
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 1 D. A servicemember's portion of Combat-Related Special
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2 Compensation (CRSC) shall be separate property, not divisible as a
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3 marital asset nor as community property, if a specific dollar amount
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4 of CRSC can be proved by the servicemember as compensation for
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5 combat-related loss of limb or loss of bodily function and the CRSC
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6 award was applied for and established prior to the date of the
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7 filing of the dissolution of marriage action.
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8 E. Pursuant to the federal Uniformed Services Former Spouses'
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9 Protection Act, 10 U.S.C., Section 1408, a court may treat
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10 disposable retired or retainer pay payable to a military member
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11 either as property solely of the member or as property of the member
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12 and the spouse of the member. If a state court determines that the
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13 disposable retired or retainer pay of a military member is the sole
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14 and separate property of the military member, the court shall submit
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15 clear and concise written findings of such determination to be
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16 included in the decree or final order. If a state court determines
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17 that the disposable retired or retainer pay of a military member is
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18 marital property, the court shall submit clear and concise written
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19 findings of such determination to be included in the decree or final
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20 order and shall award an amount consistent with the rank, pay grade,
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21 and time of service of the member at the date of the filing of the
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22 petition, unless the court finds a more equitable date due to the
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23 economic separation of the parties.
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 1 F. Unless otherwise agreed to by the parties, any division of
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2 an active duty military member's retirement or retainer pay shall
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3 use the following language:
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4 "The former spouse is awarded a percentage of the member's
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5 disposable military retired pay, to be computed by multiplying fifty
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6 percent (50%) times a fraction, the numerator of which is ____x____
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7 months of marriage during the member's creditable military service,
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8 divided by the member's total number of months of creditable
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9 military service."
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10 G. In the case of a member's retiring from reserve duty, unless
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11 otherwise agreed by the parties, any division of a reservist's
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12 retirement or retainer pay shall use the following language:
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13 "The former spouse is awarded a percentage of the member's
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14 disposable military retired pay, to be computed by multiplying fifty
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15 percent (50%) times a fraction, the numerator of which is
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16 __X____reserve retirement points earned during the period of the
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17 marriage, divided by the member's total number of reserve retirement
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18 points earned."
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19 SECTION 4. This act shall become effective November 1, 2024.
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21 59-2-3306 TEK 1/18/2024 1:15:52 PM
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