If a bench warrant or command to enforce a court order by body attachment is issued in a case for divorce, legal separation, annulment or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, pursuant to the authority of such process, makes a bond for his appearance at the time of trial or other proceeding in the case, the bond made shall be disbursed by the court clerk upon order of the court to the party in the suit who has procured the bench warrant or command for body attachment rather than to the State of Oklahoma. The penalty on the bond, or any part thereof, shall, when recovered, first be applied to discharge the obligation adjudicated in the case in which the bond was posted. The party who is the obligee on such bond shall have the right to enforce its penalty to the same extent and in the same manner as the state may enforce the penalty on a forfeited bail bond.
§ 68.Appearance Bond - Application of Penalty - Right to Enforce
Chapter 2: General Provisions · Last amended October 1, 1977 · Last verified August 3, 2026
In one sentenceSection 68 sends the proceeds of an appearance bond posted after a bench warrant or body attachment in a divorce, separation, annulment, alimony, or asset-discovery case to the party who sought the arrest, not the state, letting that party enforce it like a forfeited bail bond.
Full Text of § 68
Amendment History
Laws 1976, SB 492, c. 265, § 1, eff. 10/1/1976; Renumbered from 12 O.S. § 1276.1 by Laws 1977, SB 203, c. 26, § 2, eff. 10/1/1977; Amended by Laws 1977, SB 203, c. 26, § 1, eff. 10/1/1977.
Plain-English Summary
Section 68 covers what happens to a bond posted for release after an arrest in certain civil cases. If a bench warrant or body attachment issues in a divorce, legal separation, annulment, or alimony case, or in a proceeding where a judgment debtor is summoned to answer about assets, and the arrested person posts a bond to guarantee appearance at trial, the court clerk disburses that bond — on the court's order — to the party who procured the warrant or attachment, rather than to the State of Oklahoma.
Once the penalty on the bond is recovered, it first goes to satisfy the obligation the case adjudicated. The party who benefits from the bond can enforce its penalty the same way the state enforces a forfeited bail bond.
Frequently Asked Questions
Who gets the money from an appearance bond in a divorce or alimony case?
The party who procured the bench warrant or body attachment, not the State of Oklahoma — the court clerk disburses it on the court's order.
What kinds of cases does this bond rule apply to?
Divorce, legal separation, annulment, or alimony cases, and civil proceedings where a judgment debtor is summoned to answer about assets.
What happens to the bond money once it's recovered?
It's applied first to discharge the obligation adjudicated in the case where the bond was posted.
Can the party enforce the bond the same way the state enforces a bail bond?
Yes, the section gives the obligee the same right to enforce the bond's penalty that the state has for a forfeited bail bond.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: appearance bond divorce alimony case Oklahomabody attachment bond disbursementbench warrant bond to opposing partybond penalty enforcement domestic relations case