Introduction: Why Custody Matters Child custody is one of the most emotionally charged aspects of family law. Whether you’re going...
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Before filing, ensure you meet Oklahoma’s eligibility rules: ✅ Residency Requirements At least one spouse must live in Oklahoma for six months before filing. The divorce must be filed in the county where either spouse resides. ✅ Grounds for Divorce in Oklahoma Oklahoma allows both no-fault and fault-based divorces: No-fault divorce: It includes “Incompatibility” (most common, no blame required). Neither party has to argue and prove who was guilty or who is faulty. No-fault divorce resolves much more quickly than fault based divorce. But if you have children (under 18) both parents have to attend a session on “Impact of divorce on children”. Fault-based divorce: Adultery, abandonment, cruelty, imprisonment, fraudulent contract, gross neglect of duties, wife was pregnant at the time of marriage by someone other than the husband, or habitual drunkenness. In fault-based divorce one or both spouses will have to present an evidence against the other spouse and have to prove it in court. �� Pro Tip: A no-fault divorce is faster, much more common and less contentious than fault-based options.
Step 1: Complete Oklahoma Divorce Forms You’ll need to file: ✔ Petition for Dissolution of Marriage (primary divorce form) ✔ Summons (officially notifies your spouse) ✔ Domestic Relations Cover Sheet (Documents to file for divorce are Cover Sheet, a petition for divorce) ✔ Financial Affidavit (if child support or alimony is involved) �� Where to Get Forms? Download free from Oklahoma State Courts Network (OSCN) Pick up at your local courthouse or local nonprofit local clerk of courts, if you are presenting by yourself. If you hire an attorney a divorce lawyer can handle this for you. Step 2: File the Divorce Papers Take forms to the District Court Clerk’s Office in your county. Pay the filing fee (typically 150-250) If you can’t afford the fee, you can ask for a fee waiver. Step 3: Serve Your Spouse Oklahoma law requires legal service of divorce papers. Options: �� Sheriff/Process Server (most reliable) �� Certified Mail with Return Receipt (if spouse cooperates) �� Waiver of Service (spouse signs to avoid formal service) ⚠ What if I Can’t Find My Spouse? You may need service by publication (newspaper notice).
If Your Spouse Responds (Contested vs. Uncontested Divorce) If divorce is Uncontested (Agreement Reached) o Spouse signs Entry of Appearance & Waiver. o No court hearing needed in simple cases. o Finalized in as little as 10 days (Oklahoma’s mandatory waiting period). After reviewing the documents, the Judge schedule a final hearing 90 days after the initial hearing (if child support and custody applicable). This 90 days waiting period is skipped if both spouses agreed. If divorce is Contested Divorce (Disputes Exist) o Spouse files a Response within 20 days (if served in OK) or 30 days (out-of-state). o May require mediation, negotiations, or trial. The judge will require an initial hearing to determine what are the issues. The judge may order mediation and an additional hearing before setting the final trial date. Contested divorce may take much longer period than uncontested divorce. After the divorce is granted, both spouses are barred to remarry for at least six months. Financial Disclosures and Settlement Both spouses must exchange: o Income proof (pay stubs, tax returns) o Asset/debt lists (bank accounts, mortgages) Required for child support, alimony, and property division.
Uncontested Divorce Timeline 1. File paperwork → Serve spouse → Wait 10 days → Judge signs decree. 2. No court hearing needed if all documents are in order. Contested Divorce Timeline 1. Court hearings scheduled if disputes arise. 2. Judge decides on child custody, support, and asset division. �� Pro Tip: If children are involved, Oklahoma may require parenting classes before finalizing.
It depends upon the case and your spouse, Divorce is possible for simple cases Hire a lawyer if: ✔ Child custody is disputed ✔ High-value assets/debts exist ✔ Your spouse is uncooperative Online divorce service is also available for uncontested cases and a good option for cost saving. 6. Post-Divorce Checklist After your divorce is finalized: Update bank accounts, insurance, and wills. Change property/deed titles. Adjust beneficiary designations (401k, life insurance).
Uncontested divorce: 10–90 days (fastest option). Contested divorce: 6+ months (depends on court backlog). For official forms and updates, visit Oklahoma State Courts Network.
Mr. Morrel brings 33 years of experience and extensive legal knowledge in family law, divorce, and child custody. He works closely with clients to develop personalized, results-driven legal strategies.
With 33 years of experience, Mr. Morrel specializes in family law, divorce, child custody, and estate planning. He delivers trusted, results-driven legal solutions tailored to each client’s needs.
M. Shane Henry is a Tulsa, OK lawyer with 19 years of experience in family law, divorce, and child custody. He provides strategic, client-focused legal representation with proven results.
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