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Bill > SB829


OK SB829

OK SB829
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.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead
02/19/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to divorce; amending 43 O.S. 2021, Sections 101, 107.2, and 121, which relate to grounds for divorce, educational program, 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; requiring court to order establishment of trust fund under certain circumstances; establishing requirements for trust fund; requiring designation of executor; prohibiting certain access to trust fund; providing exception; authorizing access to trust fund upon attainment of certain age; requiring safeguards to protect against unauthorized withdrawals; establishing penalties; authorizing modification of executor; providing for codification; and providing an effective date.

AI Summary

This bill modifies Oklahoma's divorce laws in several key areas. First, it expands the permissible grounds for divorce to include more specific situations like desertion, habitual drunkenness, gross neglect of duty, and insanity, while also adding provisions about unknown pregnancy at the time of marriage. The bill updates requirements for the mandatory educational program that divorcing parents must attend when children are involved, specifying components like teaching about divorce's effects on children, reconciliation options, and communication strategies. Additionally, the bill introduces a significant new provision requiring courts to consider the degree of fault when entering divorce orders, particularly when dividing property. Most notably, in cases of fault-based divorce, the bill mandates that the at-fault parent establish a trust fund for each child, with strict rules about its management: the trust cannot be accessed until the child turns 18, must be overseen by an executor (initially the non-at-fault parent), and can only be used for the child's welfare, education, and needs. The trust is subject to detailed safeguards to prevent unauthorized withdrawals, with potential penalties including contempt of court and financial sanctions for violations. The new law is set to take effect on November 1, 2025, giving parties time to prepare for these changes.

Committee Categories

Justice

Sponsors (1)

Last Action

Failed in Committee - Judiciary (on 02/19/2025)

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