How To File For A Divorce In Oklahoma

Divorce can be a painful and difficult process, but knowing how to navigate the legal system can make it a little bit easier. If you are considering filing for divorce in Oklahoma, it’s important to understand the process and requirements involved. In this article, we will discuss how to file for a divorce in Oklahoma, along with seven interesting facts about divorce in the state. Additionally, we will answer 14 common questions about divorce in Oklahoma to help guide you through the process.

How To File For A Divorce In Oklahoma:

1. Residency Requirements: In order to file for divorce in Oklahoma, either you or your spouse must have been a resident of the state for at least six months prior to filing. You must file in the county where either you or your spouse resides.

2. Grounds for Divorce: Oklahoma is a “no-fault” divorce state, which means that you do not need to prove fault in order to file for divorce. The most common grounds for divorce in Oklahoma are incompatibility and irreconcilable differences.

3. Filing the Petition: To begin the divorce process, you must file a Petition for Dissolution of Marriage with the court. This document outlines the basic information about you, your spouse, and your marriage, as well as any requests for child custody, child support, alimony, and division of property.

4. Serving the Petition: After you file the Petition, you must serve a copy of the document to your spouse. This can be done through a process server, sheriff, or certified mail. Your spouse will then have a certain amount of time to respond to the Petition.

5. Negotiating a Settlement: In many cases, divorcing couples are able to reach an agreement on issues such as child custody, support, and property division without going to trial. If you and your spouse can agree on these matters, you can submit a written agreement to the court for approval.

6. Mediation: If you and your spouse are having trouble reaching an agreement, you may be required to attend mediation. A neutral third party will help facilitate negotiations between you and your spouse in an effort to reach a settlement.

7. Finalizing the Divorce: Once all issues have been resolved, the court will issue a final decree of divorce. This document officially ends your marriage and outlines the terms of your divorce, including any agreements on child custody, support, and property division.

Seven Interesting Facts About Divorce in Oklahoma:

1. Oklahoma has one of the highest divorce rates in the United States, with around 13.5 divorces per 1,000 people.

2. Oklahoma law requires a 90-day waiting period before a divorce can be finalized, even if both parties agree to the terms of the divorce.

3. In Oklahoma, property acquired during the marriage is considered marital property and is subject to equitable division in a divorce.

4. Oklahoma law allows for both fault and no-fault grounds for divorce, but most divorces are filed on no-fault grounds.

5. Oklahoma courts may award alimony to one spouse if they can demonstrate a need for financial support and the other spouse has the ability to pay.

6. Oklahoma law requires that divorcing couples with children attend a parenting class before the divorce can be finalized.

7. Oklahoma does not have a legal separation process, so couples who wish to live separately must file for divorce.

Common Questions About Divorce in Oklahoma:

1. How long does it take to get a divorce in Oklahoma?

– The timeline for a divorce in Oklahoma can vary depending on the complexity of the case and whether the parties can reach an agreement. In general, the process takes several months to complete.

2. Do I need a lawyer to file for divorce in Oklahoma?

– While you are not required to have a lawyer to file for divorce in Oklahoma, it is highly recommended, especially if you have complex issues to resolve.

3. Can I get a divorce if my spouse doesn’t agree?

– Yes, you can still file for divorce in Oklahoma even if your spouse does not agree. However, the process may be more contentious and take longer to resolve.

4. How is child custody determined in Oklahoma?

– Child custody is determined based on the best interests of the child. Factors such as the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s wishes (if they are old enough) are considered.

5. How is property divided in an Oklahoma divorce?

– Oklahoma law requires that marital property be divided equitably, which does not necessarily mean equally. Factors such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage are considered.

6. Can I change my name as part of the divorce process?

– Yes, you can request a name change as part of your divorce decree in Oklahoma. This request must be included in your initial Petition for Dissolution of Marriage.

7. Can I get alimony in Oklahoma?

– Alimony, also known as spousal support, may be awarded in Oklahoma if one spouse can demonstrate a need for financial support and the other spouse has the ability to pay. The amount and duration of alimony will vary depending on the circumstances of the case.

8. What if my spouse and I can’t agree on child custody or support?

– If you and your spouse cannot reach an agreement on child custody or support, the court will make a decision based on the best interests of the child. It is important to present evidence and arguments to support your position.

9. Can I get a divorce if I can’t locate my spouse?

– Yes, you can still get a divorce in Oklahoma if you are unable to locate your spouse. You will need to make a good faith effort to locate them, and if you are unsuccessful, you can request permission from the court to serve them through publication.

10. Can I get a divorce if I am pregnant?

– Yes, you can file for divorce in Oklahoma if you are pregnant. However, the court may delay the finalization of the divorce until after the child is born to address issues related to custody and support.

11. Can I get a divorce if my spouse is in jail?

– Yes, you can still file for divorce in Oklahoma if your spouse is in jail. You will need to serve them with the divorce papers according to the procedures outlined by the court.

12. Can I modify a divorce decree in Oklahoma?

– Yes, you can request a modification of a divorce decree in Oklahoma if there has been a substantial change in circumstances, such as a change in income or a relocation. You will need to file a petition with the court to request the modification.

13. How much does it cost to file for divorce in Oklahoma?

– The filing fee for a divorce in Oklahoma varies by county but is typically around $200-$300. In addition to the filing fee, you may incur additional costs for serving papers, attorney fees, and other expenses.

14. Can I remarry after my divorce is final?

– Yes, you can remarry after your divorce is final in Oklahoma. Once the court issues a final decree of divorce, you are free to marry again.

In conclusion, filing for divorce in Oklahoma can be a complex and emotional process, but understanding the steps involved and seeking guidance from a qualified professional can help make the process smoother. By knowing your rights and responsibilities, you can navigate the legal system with confidence and ensure that your interests are protected. If you are considering divorce in Oklahoma, it is important to consult with an attorney who can provide personalized advice and guidance based on your specific circumstances.

Quotes:

– “Divorce can be a challenging process, but with the right guidance and support, you can navigate the legal system with confidence.” – Family Law Attorney

– “It is important to prioritize the well-being of any children involved in a divorce and to work towards a positive co-parenting relationship.” – Child Custody Specialist

– “Mediation can be a valuable tool for resolving disputes in a divorce, allowing couples to reach agreements that are tailored to their unique needs.” – Mediator

– “Every divorce is unique, and it is important to approach the process with empathy and understanding for all parties involved.” – Divorce Counselor

In the end, while divorce is never easy, having a clear understanding of the process and your rights can help you navigate this challenging time with confidence. By seeking support from legal professionals and other resources, you can move forward with your life and create a positive future for yourself and your family. Remember that you are not alone, and there are resources available to help you through this difficult time.

Scroll to Top