Both “no fault” divorces and divorces based on one spouse’s misconduct are acceptable in the state of Oklahoma. You need to present proof of one of the following before you may begin the process of filing for divorce on the grounds that your spouse is at fault:
One of the very few states that permits divorce on the grounds of blame is Oklahoma.
- Leaving for a length of time equaling or exceeding one year
- Habitual drunkenness
- Unfaithfulness on the part of the wife, which ultimately resulted in the conception of the kid
- Fraudulent contract
- Extreme cruelty
- Incapability to financially support for oneself or one’s family
- Imprisonment as a consequence of having committed a crime
- A state of insanity that has been present for a period of at least five years
In Oklahoma, a couple’s inability to coexist satisfactorily might serve as sufficient grounds for an uncontested divorce. In the state of Oklahoma, this is by far the most prevalent factor considered throughout the divorce process.
- Cover Sheet for All Matters Regarding the Company and the Family
- A request for a divorce petition
- Warning that an Automatic Temporary Injunction Will Be Issued
- Marital Settlement Agreement
- Financial Affidavits
- Agreements Regarding Financial Support for Children
- Worksheet Relating to the Payment of Child Support
- The taking on of responsibilities in exchange for being released from service
- Communication on the Concluding Hearing
Communication with Your Spouse Regarding Their Legal Obligations
You have a legal obligation to furnish your spouse with copies of any and all documentation that relates to the divorce in accordance with the laws of the state of Oklahoma.
In many cases, you may need the aid of a county sheriff or a process server who has a current license and who works in the area on a professional basis in order to successfully serve your spouse with divorce papers. It is necessary for the server to keep a record of the date and time that the service was carried out. The papers that you have filed do not need the signature of your partner in order for the court to accept them.
Even if you have tried to serve divorce papers on your partner in good faith but have been unsuccessful, you are allowed to proceed with the divorce proceedings. After that, you have the option of providing service of dissolution by publication, which entails first presenting an affidavit to the court demonstrating diligent investigation, and then publishing notice of the divorce in a local paper after receiving permission to do so. If you choose to go this route, the court will require an affidavit demonstrating diligent investigation.
Twenty days after the petition of divorce papers in Oklahoma has been served on your spouse, the deadline for a response to the petition has been set. These responses are classified as belonging to the category of
You should draw the conclusion that your spouse is giving up their right to be included in the divorce process if they do not react to the petition for divorce that you have submitted.
It will be considered an uncontested divorce if your partner replies to the divorce petition, but at the same time acknowledges and accepts all of the provisions that are outlined in the petition.
If your spouse files a Countersuit to the Request for Marriage Divorce, opposing specific aspects of the petition, the court would likely be required to get involved and settle any disputed topics if the petition was filed for a marriage divorce.
After the court issues summonses to both of you to appear in court for a hearing at which those issues will be identified, if the two of you are unable to reach an agreement on the matters that are in dispute, then you and the spouse would proceed toward a trial. This would happen if you and the spouse were unable to settle the disagreements over the matters that are in dispute between you.
Disputed Divorce That Is Being Battled Over
If you and your spouse are unable to come to terms over the most important aspects of your divorce, you will need to hire an attorney. In contentious divorce procedures, the judge will decide the structure of the trial, including the primary issues to be litigated and the types of evidence that are admissible.
Automatic temporary injunctions put a halt to any further spending or modification of assets until the conclusion of the hearing. It is normal practice in contentious divorces for both parties to be represented by legal counsel in order to protect their rights. The majority of divorce attorneys impose exorbitant legal expenses on clients going through a contested divorce process because of the increased time and effort necessary to engage in a trial. This is because of the greater time and effort required to participate in a trial.
Divorce that is not contested by either party
In the state of Oklahoma, divorcing your spouse doesn’t have to be contentious or expensive if you take advantage of one of the several options to court-supervised divorces that are available.
In the event that you and your spouse are successful in finding a solution to the issues that have been afflicting your marriage, the court will let you to provide the following documents as proof that the situation has been resolved:
- Marital Settlement Agreement
- Parenting Plan (https://en.wikipedia.org/wiki/Parenting_plan)
- Timing of Visits and Arrangements for Those Attending
- A financial affidavit is needed from both the plaintiff and the defendant.
- Worksheet for determining child support payments as well as a parenting plan
Following the court having received all of the necessary paperwork, the judge will schedule a date for the end of the hearing to take place no sooner than ten days after the date of the first hearing.
If there are children under the age of 18, the divorce must be completed at a hearing that is arranged by the court no later than ninety days after the first filing was made. In addition, it’s possible that parents in some counties in Oklahoma may be compelled to attend a special session that’s been created just for parents who are going through the process of getting a divorce.
You won’t have to pay for legal counsel or a trial if you get a divorce that isn’t disputed, so this might save you a significant amount of money. A good number of people are able to handle the paperwork associated with an uncontested divorce on their own.
Should you choose to represent yourself in court, or should you hire an attorney?
If you and your spouse are able to come to an agreement over the terms of your divorce prior to filing for divorce, you will likely be able to save a significant amount of money and avoid a lengthy and unpleasant trial. As a result of this, prior to beginning the procedure for getting a divorce, you should make every effort to settle any significant disagreements that you may have had with your husband. is able to provide counseling as well as the paperwork that is required to successfully complete this procedure with the least amount of money and effort possible.
In the event that you and your partner are unable to come to an agreement on key issues, the court will schedule a trial, which may continue for a number of days depending on its length.
During the course of the divorce process, it is in your best advantage to be represented by an experienced attorney since it is quite possible that your spouse would behave in the same manner.
During the phase known as “discovery,” the legal teams who are representing both sides will investigate the allegations that were made by the other party. The completion of this work might take a number of weeks, or it could even take a number of months.
During the course of the trial, attorneys on both sides will present their views using evidence and witnesses. Even if the client is represented by exceptionally qualified legal counsel, there is no assurance that the issue will be handled in a positive manner.
The division of property, the question of who will have custody of the children, and the amount of spousal support that will be paid
In the great majority of cases involving divorce, the most difficult issues are those that deal with the distribution of parenting obligations, the division of property, and the payment of spousal support. You and your spouse should be informed of the typical decisions made by the courts in Oklahoma in the event that you and your partner are unable to come to an agreement over these issues.
Real Estate Market Shares and Distribution
The structure of Oklahoma’s system for the distribution of property is constructed on the principle that all property should be divided fairly. This technique does not necessarily ensure property is divided equally, but it does so fairly. The courts in Oklahoma take a variety of factors into account before making a determination on how marital property should be divided. Property that was owned before the marriage is considered separate property, and disputes over its ownership are often avoided when it comes to separate property.
- How long you’ve been married for
- Information on the ages of both partners as well as their current states of health
- Possible legal and financial implications
- It was possible to ascertain the genuine value of the item on the market.
- Any increase or decrease in value that occurs throughout the duration of your marriage is
- What was the individual amount that was donated by each partner toward the acquisition of the property?
- Both couples’ individual financial situations will be taken into consideration.
- The protection and supervision of children
The allocation of child support and alimony.
It is normal practice for a couple that has decided to divorce to retain the services of a third party appraiser in order to place a monetary value on all of the assets and responsibilities that have been accumulated throughout the course of the marriage. Following this step, the court will compute the couple’s net worth by first totaling all of their assets and then deducting all of their liabilities from that total.
Maintaining Authority Over the Youngsters
In Oklahoma, as is the case in the vast majority of other states, the question of whether or not the child will have sole custody or joint custody is resolved by looking at what is in the child’s best interests. The judge will make their decision after taking a number of factors into account, including the following:
- The whims and desires of the parents
- Personal preferences unique to the child
- Engaging in behavior that is unethical
- Relationship with one’s parents on an emotional level that is connected.
- A history of violent incidents that occurred within the home
Even though it is not mandated by law, a court in Oklahoma has the discretion to decide whether or not to award spousal support based on the following factors:
- The possibility of increased financial stability for the relationship’s two participants in the future
- The ages of both parties in the relationship
- The couple’s level of living will improve during the life of your marriage.
- There is the possibility of continuing to make consistent alimony payments.
- The number of years that the pair has been married.
- The state of health enjoyed by both couples
If the person receiving alimony moves in with a new spouse or significant other, the court may reduce or even do away with the duty to pay alimony altogether.
You are currently in the process of finalizing your divorce in Oklahoma.
In the event that a trial is scheduled, both you and your spouse will be required to appear in court in order to address any outstanding concerns. Following the completion of all of these procedures inside the courtroom, the judge will then announce a verdict.