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. An uncontested divorce that takes place without any misunderstandings between the spouses. The couple wants to end their legal relations as fast and easy as possible; everything is rather obvious. You may not even have to attend the trial process since you have come to an agreement regarding all the important issues. To the contrary, a contested divorce is performed with the help of an attorney. It means that the couple cannot have an agreement and needs the help of a third party. A contested divorce takes far longer and requires a set of special documents to be filed with the court. Both parts of the divorce are really popular in the Oklahoma State.
Uncontested Divorce in Oklahoma
As we have already agreed, an uncontested divorce is the best option for couples who want to terminate their marriage with no troubles. During an uncontested divorce, you can represent yourself or through the help of an attorney, that is more expensive. An uncontested divorce has several grounds:
- 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
The Final Judgment will depend predominantly on these grounds. 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.
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Oklahoma Residency Requirements to file for the divorce
In Oklahoma, you have to live in a particular county for no 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 what is required, 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
You must first file a Petition for the Divorce; this is the main document that initiates the proceeding. You must then all other required documents, along with a Marital Settlement Agreement. The next stage is to serve your spouse with all the necessary paperwork for divorce. Afterwards, 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 is to attend a court hearing and get the Divorce Decree.
DIY Divorce in Oklahoma
In the case of an uncontested divorce, you can go through the entire process without the participation of a lawyer. You have the right to independently fill out all the documents, file them with the court, and also represent your own interests. DIY divorce is very suitable for couples who have no disputes and are ready to cooperate. In many cases, do-it-yourself divorce can help save a lot of time and money. However, if you are not confident in your abilities or if you have doubts regarding the steps, then it makes sense for you to seek the help of a qualified lawyer.
How much does an Uncontested Divorce cost in Oklahoma?
The average price for an uncontested divorce in Oklahoma fluctuates between $1,000 and $14,000, depending on the individual case. For example, to hire an attorney, you will need to pay at least $500 per hour depending on their professional skills and experience. The cost of the court hearing, mediation process, and waiting period prolongation may also increase the total cost of divorce. You can save a lot of money if you order the preparation of the documents with us as it will only cost you $149 without any hidden or extra charges.
How Long Does It Take to Get Divorced in Oklahoma
According to the Oklahoma State requirements, an uncontested divorce will last for 5-6 months depending on your case. If 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 need to wait at least 12 months. Due to a more complicated structure and the requirement of additional papers, a contested case usually takes quite long. The mediation process and several court hearings will also consume some time.
How to serve your spouse in Oklahoma
In the Oklahoma State, you need to serve your spouse through certified email or the usual post. You can also deliver them all the documents yourself. Moreover, you may use the help of the Sheriff for the delivery of the papers, but it will cost you approximately $35. When the Sheriff delivers the documents to your spouse, they must sign the notice that the delivery was successful.
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Documents You Need to Get a Divorce in Oklahoma
Below is a list of the main documents you need to file for divorce in Oklahoma. Note that you are not required to complete all the documents as it depends on your individual case.
- 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.
It is important to remember that you are not allowed to send the documents online to the court; you can just order and print them from the website.
Online Divorce in Oklahoma
Online divorce refers to the process of preparing all the necessary documents accurately through an online service. You just need to order the papers, pay the filing fee, print out the documents, and file them at court. Such a process can help you save a lot of money as compared to getting the documents completed with the help of an attorney. For just $149, you can rest assured that the documents are prepared accurately and on time to be approved by the court.
Rules for child support in Oklahoma
One way or another, the divorce process influences a child and makes them grow up faster. Firstly, the couple has to understand that the smoother divorce is, the better relationships they will have with their children. The Oklahoma Department of Human Services grants the parents a Child Support Calculator to assist you in calculating your personal shares of the child financial support. You should put together all the necessary information regarding your monthly income, debts, and future financial outlook. 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, they still have obligations towards the child and must pay from such income sources as:
- Pension income
- Unemployment insurance benefits
- Disability insurance benefits
- Social security
- Value of the personal business
Sometimes, it is difficult to share child custody equally because:
- 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 their share
According to the legislation of Oklahoma, the court will do its best to prevent all the misunderstandings regarding child support and visitations.
Rules for spousal support in Oklahoma
Spousal support, or alimony, is essential when one of the spouses requires financial support after the divorce. It can be due to a health condition or their current inability to work. The spouses can agree on this item together, step by step, or can ask a third legal party for help. There are many factors that influence the court’s decision regarding spousal support:
- Marital behavior of both spouses
- Income of both spouses
- Age and the physical abilities of both spouses
- Term of the marriage
- Living standards of both spouses
- Level of education of both spouses
- Debt rate of both spouses
- Tax rate of both spouses
Division of property in Oklahoma
The Oklahoma State is known for its court fairness, so all property is divided with the highest attention to all the small details. There are two types of property in a legal marriage: separate and marital ones. Marital property is subject to division while separate property is not. Property division is a really problematic item because of the many nuances that come with it such as the date the property was acquired, the cost of it, the years of marriage, and others.
The best idea in such a case is to agree on the particular share with your spouse.
Divorce Mediation in Oklahoma
Mediation is a process aimed at helping couples negotiate and come to terms with the issues of their ddivorce. If you and your spouse have a contested case, you are required to attend mediation sessions. The third party mediator (lawyer or other legal body) doesn’t order something, but they may provide advice on what decisions are reasonable and express their opinion on what the court would do in certain cases. The court stipulates the date of the mediation process, and you and your spouse attend in order to resolve any differences. This process is truly needed for a fairer and faster agreement between the two spouses.
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How to divorce a missing spouse in Oklahoma
You can divorce a spouse in Oklahoma even if you are unaware of their location. You must first attempt to serve them with all the necessary paperwork. You can ask their family and friends for their possible whereabouts or request the help of the local police. If your attempts are unsuccessful, you can announce a missing person report in the local newspaper with the approval of the court. Such a process can be more complex than a typical divorce process, but it is still possible to terminate a marriage without your spouse’s participation.
Default Divorce in Oklahoma
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 more time on the divorce regulations and disputes. In such a case, you will need an attorney to assist you with the default case and 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 in the courtroom.
Default vs No-Fault Divorce in Oklahoma
As we have already discussed, the No-Fault divorce is much easier, less costly, and the most suitable way for divorce. If the divorce is a No-Fault one and you have minor children, the waiting period is 90 days. If you do not have any children, the process can be over in 10 days or even less, depending on your case. If your case is a default one, the divorce will last much longer.
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 they live. They couple should then file with 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 proceeding is the Final Judgement.
Annulment of marriage in Oklahoma
Marriage annulment means that the legal marriage never existed. The spouses do not need to support each other or divide the marital property. There are several reasons to ask for an annulment of the marriage:
- The marriage was concluded through fraudulent means
- One of the spouses was under the age of 18 at the time of marriage registration
- Illness of one of the spouses
- The spouses are blood relatives
Although you need to fill out separate forms for an annulment, it has many things in common with the common divorce process.
Legal Separation in Oklahoma
The Oklahoma State allows spouses to live separately, but still be in a legal marriage. The court still divides all the property and stipulates the child and spousal support. Legal separation does not allow the spouses to remarry until they terminate their previous marriage. If one of the spouses commits another marriage while they are still in the legal marriage, it is considered to be a serious crime and can result in consequences; this is called bigamy. Nowadays in Oklahoma, legal separation is becoming more and more popular due to the various factors like illness of one of the spouses, religious differences within the family, and other reasons. The current percentage of legal separation in the Oklahoma State is 5% of all the divorce types.
Same-Sex Divorce in Oklahoma
Same-sex marriage and divorce were recognized in Oklahoma in October of 2014. Nowadays, Same-Sex spouses have the same rights and their divorce procedure is the same as any other divorce. The rules for child custody, spousal maintenance, and property division are similar as well. The Oklahoma State is extremely tolerant towards Same-Sex couples and stipulates the divorce proceedings fairly.
Military Divorce in Oklahoma
The divorce procedure with a 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 them with the documents for the court or you can also deliver the documents yourself. You can also send them via certified mail or post.
How to divorce a spouse in jail in Oklahoma
The divorce process with a spouse in jail is the same as a regular divorce proceeding. The spouse in jail must be served with all the necessary paperwork. You can send the papers through the post or with the help of the police. Everything depends on the specification of the jail and the county where this jail is. All the other steps are the same as any other standard divorce.
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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 in a difficult financial situation, but must also complete the divorce proceedings. You have to fill out the Affidavit for the court and attach the details of your monthly income, expenditures, and other financial aspects. You need to clarify all the issues of waiving the fee before you go to the court with the Petition for the divorce.
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