Oklahoma divorce details
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Uncontested vs Contested Divorce in Oklahoma
The divorce, in general, is a legal termination of the current marriage. The Uncontested Divorce is the divorce, that takes place without any misunderstandings between the spouses. The couple wants to end their legal relations fast and without extra nervous issues. Everything is rather obvious. You even may not have the trial process due to the common decision to separate with equal parts of the property. To the contrary, the Contested divorce performs the attorney help. It means that the couple cannot have an agreement and needs the help of the third person. The Contested divorce is far longer and has a set of special documents to file with the court. Both parts of the divorce are really popular in the Oklahoma State.
Uncontested Divorce in Oklahoma
As we have already agreed, the Uncontested divorce is the best option for the couples who terminate their marriage with no troubles. During the Uncontested Divorce you can represent yourself or take the help of the attorney, that is more expensive. The Uncontested divorce has several grounds, let’s observe them together:
- Cruelty towards one of the spouses
- Constant drunkenness (including in the presence of the child)
- Adultery (if proved)
- Imprisonment of one of the spouses
- Incurable illness (mental or physical) of one of the spouses
All these grounds are really initial for the court. The Final Judgment will depend predominantly on them. In Oklahoma, the traditional waiting period can vary from 30 to 90 days, depending on the court decision. If the couple has no children, they can have the Final Decree in 10 days.
Oklahoma Residency Requirements to file for the divorce
In Oklahoma, you have to live in the particular county not less than 6 months. If you and your spouse are currently living in another state, but your marriage was registered in Oklahoma, you still have a right to get a legal divorce in Oklahoma. If your term of living in the Oklahoma State is less than it is needed, you have to write a Petition to the Supreme Court of Oklahoma to allow you the marriage termination.
How to file for an Uncontested Divorce in Oklahoma?
First of all, you file out the Petition for the Divorce. This is the main document to begin the deal. Then, you attach to this form all other needed forms, along with the Marital Settlement Agreement, etc. The next stage will be to serve your spouse with all the necessary information about the divorce and documents for it as well. After the spouses signing all the papers, you go to the court and stipulate the date of your divorce. Don’t forget to make 2-3 copies of each document. The final step of your divorce will be a court hearing and get the Divorce Decree.
DIY Divorce in Oklahoma
Do It Yourself Divorce means you file with the court by yourself, represent yourself in the court, serve your spouse with all assigned papers, etc. Such a divorce is really a big deal for the self-assured people who really can master all the problems. In Oklahoma, the DIY divorce is a really popular event, without the attorney help, without any extra fees and useless actions. Anyway, the person who dares to this proceeding can know for sure that he/she can do it. He/she should have all the necessary documents for the divorce, without any mistakes. It is really hard, due to the fact, that every documentation needs the highest attention. You can order your papers here, with us and you will save lots of money, but first things first.
How much does an Uncontested Divorce cost in Oklahoma?
The average price for the Uncontested Divorce in Oklahoma fluctuates from $10 00 to $14 000 respectively the case and included costs. For example, for the attorney help, you will pay at least $500 per hour according to the professional skills of the particular level. The cost of the court hearing, the mediation process, a waiting period prolongation and other things also require a good sum of money. You will save a lot if you just order the preparation of the documents with us. It will cost you only $149. No hidden or extra prices. All of these aspects of the divorce fee are particularly important for the common price of the divorce procedure. You have to pay your attention to especially your case.
How Long Does It Take to Get Divorced in Oklahoma
According to the Oklahoma State requirements, the Uncontested divorce will last for 5-6 months correspondingly to your case. If everything is vivid, and the spouses agree on all the divorce steps, the divorce proceedings will be rather smooth. Otherwise, if your case is a Contested one, you will wait at least 12 months. A more complicated structure and many additional papers will make the Contested divorce pretty long. The mediation process and several court hearings will also consume some time.
Papers and Documents You Need to Get a Divorce in Oklahoma
Here are the most used forms for the divorce in Oklahoma, but you may not need all of them, remember it!
- Domestic Relations Cover Sheet (OK-810K)
- Petition for Divorce (OK-802D)
- Summons and Notice of Automatic Temporary Injunction (OK-810D)
- Non-Military Affidavit (OK-805D)
- Entry of Appearance and Waiver (OK-86D)
- Separation and Property Settlement Agreement (OK-804D)
- Decree of Divorce (OK-808D)
- Petition (OK-802D)
You need to check the accuracy of all the documents in advance before you file with the court.
NB! Remember that you can’t send to the court documents online! You can just order and print them from the website.
How to serve your spouse in Oklahoma
In the Oklahoma State, you need to serve your spouse by the Certified email or by the usual post. You can also deliver him/her all the documents by yourself. Moreover, you may use the help of the Sheriff for the delivery of the papers, but it will cost you approximately $35 00. When the Sheriff delivers the documents to your spouse, he/she signs the Notice that he/she committed the delivery in time and your spouse finally got the court documents.
Online Divorce in Oklahoma
The proceeding of the online divorce is rather easy and well-spread all over the USA. Have you ever heard about it? This process requires such steps as:
- Ordering the documents you need on the special website
- Paying a preparation fee
- Waiting for a day
- Receiving all the forms that are already done
- Printing the forms and going to file with the court
With the help of our website you will have 100% court approval and will not face any inaccuracy in the forms. In the Oklahoma State, many attorneys recommend us as the most reliable and recognized online divorce website ever in the USA.
Rules for child support in Oklahoma
One way or another, the divorce process influences a child and makes him/her grow faster. Firstly, the couple has to understand, that the smoother divorce is, the better relationships with the child you have. The Oklahoma Department of Human Services grants the parents a Child Support Calculator to assist you to count your personal shares of the child financial support. You should put together all the necessary information about your monthly income, debts, future perspectives, etc. In addition, the court makes a final decision regarding the child custody. The court also takes into account all the health issues of the child. If one of the parents is currently unemployed or retired, he/she still has obligations towards the child and has to pay from such income sources as:
- the pension income
- the unemployment insurance benefits
- the disability insurance benefits
- the social security
- the value of the personal business
Sometimes, it is difficult to share the child custody equally. Here are some difficulties of this process:
- the sum of the support is currently inappropriate for one of the spouses
- the spouses cannot reach an agreement
- one of the spouses has suddenly disappeared and does not pay his share
According to the legislation of the Oklahoma State, the court will do its best to prevent all the misunderstandings regarding child support and visitations.
Rules for spousal support in Oklahoma
The spousal support is also known as an Alimony. It is really essential proceeding when one of the spouses needs the material support after the divorce. It can be due to the disease (mental or physical) or to the current inability to work, etc. The spouses can agree on this item together, step by step, or can ask the third legal person for the help. There are many questions influencing the court decision about the spousal support, here are they:
- the marital behavior of both spouses
- the income of both spouses
- the age and the physical abilities of both spouses
- the term of the marriage
- the living standards of both spouses
- the level of education of both spouses
- the debt rate of both spouses
- the tax rate of both spouses
All the issues about the spousal support are very individual and need the biggest attention from both spouses.
Division of property in Oklahoma
The Oklahoma State is known for its court fairness, so all the property will be shared with the highest attention to the tiny details of the divorce. There are two types of the property in the legal marriage: the separate one and the marital one. The marital property should be divided by the spouses, but the separate property you cannot divide. It is the property that applies only to one of the spouses. The property division is a really problematic item because of thousands of nuances including the dates of getting this or that thing, the cost of it, the years of marriage, etc.
The best idea in such a case is to agree on the particular share with your spouse.
Divorce Mediation in Oklahoma
The mediation process is the attempt to come to the agreement for both spouses. The couple gets to the mediation hearing in the particular county they live and try to resolve all problems with the help of the third person. The Mediator’s deal is to clearly explain the sense of the quarrels to the spouses and finally make the divorce process an Uncontested one is possible. The mediation process can repeat if the spouses fail to find a common language.
How to divorce a missing spouse in Oklahoma
Sometimes the spouse can transfer to another county or state, or even country without warning you. It makes the divorce proceeding a trouble because you will need to do everything possible to find your missed spouse. For instance, you can announce in the local journals and newspapers that your spouse was missed and you need to divorce him/her. You may ask his/her relatives about the location. Finally, you can ask the police to help you to find the missing spouse. If you still cannot find the missing spouse, the court will grant you the Divorce Decree without his/her presence, but you will need to wait a little bit more than the term of the general divorce in the Oklahoma State.
The Default Divorce in Oklahoma
The Default divorce is a marriage termination when one of the spouses does not want to sign the documents for the divorce process. The Default proceeding is more complicated than the No-Fault one because you can spend much time on the divorce regulations and disputes. In such a case you will need an attorney to assist you with the Default case, it will surely be more expensive for both spouses. A lot of divorcing couples agree on a Default proceeding. In such a case, the spouses do not need to solve their divorce questions not exactly in the courtroom. It means that there is no public at the hearing, no humiliating results and there is a possibility to do everything confidentially.
Default vs No-Fault Divorce in Oklahoma
As we have already agreed with you, the No-Fault divorce is much easier, less costly and the most suitable way of the divorce ever. If the divorce is the No-Fault one and you have minor children, the waiting period is a 90-day one. If you do not have children at all, the process can have a duration of 10 days or fewer, depending on the case. If your case is the Default one, the divorce will last much longer to get it. So, if you still choose which process to take, it is 100% the Uncontested divorce.
How can I get a Default Divorce Hearing in Oklahoma?
At the beginning of the process, the Petitioner files with the court in the particular county he/she lives. Then a couple should file for the court all the significant documents and forms for the particular case, according to the jurisdiction of the particular county. The Petitioner provides the Defendant with at least 3 copies of each document. After the preparation of all papers, the court approves or declines the current documentation and stipulates the divorce hearing. The last step of the divorce proceedings is the Final Judgement.
Annulment of the marriage in Oklahoma
The marriage Annulment means that the legal marriage has never existed. The spouses do not need to support each other or divide the marital property. There are several reasons to ask for the annulment of the marriage, let’s have a look at them:
- the marriage process was a frauded
- age of one of the spouses (under 18)
- illness of one of the spouses
- the spouses are blood relatives
The annulment needs separate forms to fill out, but in general, it has a lot in common with the common divorce process.
Legal Separation in Oklahoma
The Oklahoma State enables the spouses to live separately, but be in a legal marriage. The court divides all the property, stipulates the child and spousal support, but without the divorce event itself. The legal separation does not allow the spouses to marry once again until they terminate their previous marriage. If one of the spouses commits another marriage while he/she is still in the legal marriage, it will be a serious crime and the person even can be judged. Such an event is called a bigamy. In Oklahoma, nowadays the legal separation is taking more and more popularity due to the various factors like illness of one of the spouses, religious aspects of the family, etc. The current percentage of the legal separation in the Oklahoma State is 5% of all the divorce types.
The Same-Sex Divorce in Oklahoma
In October of 2014, the Oklahoma State provided the Same-Sex couples to both marry and divorce absolutely legally. Nowadays the Same-Sex spouses have the same rights as the usual families and their divorce procedures do not differ from the others at all. The rules for the child custody, spousal maintenance or the property division are similar as well. The Oklahoma State is extremely tolerant towards the Same-Sex couples and stipulates the divorce proceedings fairly.
Military Divorce in Oklahoma
The divorce procedure with the military spouse has to meet all the state requirements like any other formal divorce in the Oklahoma State. You can ask the Sheriff to serve him/her with the documents for the court you also can deliver the documents to your spouse by yourself. The post or the Certified email is more superior due to its official way of serving.
How to divorce a spouse in a jail in Oklahoma
The spouse who, is currently in a jail, has the same divorce proceeding as a usual one. He/she is served with all the papers to fill out, then you receive either the signed documents or the documents that were denied by your spouse. You can send the papers also by the post or with the help of the police. Everything depends on the specification of the jail and the county where this jail is. Anyway, you need to continue the regular divorce proceedings as we have already clarified above.
Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a fee be waived?
In the Oklahoma State, you need to prove that you are really having the financial problems right now, but you also need to complete the divorce proceedings. You have to fill out the Affidavit for the court and attach the details of your monthly income, expenditures, etc. You need to clarify all the issues of the fee waiving before you go to the court with the Petition for the divorce.
How we can help
Unfortunately, we are not able to help you with the whole divorce process and make this hard event rather smoother for you and your children. However, we definitely can prepare your documents for the divorce so quick and reliable that you even will not need to check them before the court hearing. Just received them, go to the court and have a 100% approval. We really comprehend you are applying to our site and ordering the preparation of the documents. The online divorce is a simple way to save not only your money and time but also your dignity. We are always here to help you. Welcome to us!
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