Oklahoma Divorce Basics
Sometimes spouses get to the point where they realize the best course of action is to part ways. It is difficult to decide to end a marriage and divide a family, but it can be the healthiest thing to do for everyone involved. Just as the decision to come to a divorce takes time, so does the actual legal process of dissolving the marriage. A divorce does not have to be contentious or difficult, but it does take paperwork and patience. For more information about getting a divorce, contact the Oklahoma divorce lawyers of Brown & Gould, PLLC at (405) 235-4500.
Grounds for Divorce
Many people hear of divorces based on irreconcilable differences, but this is not an option in Oklahoma. State law does not technically allow for a no-fault divorce, but it provides 12 grounds for divorce:
- Abandonment for at least 1 year;
- When the wife becomes pregnant by another man during the marriage;
- Extreme cruelty;
- Gross negligence;
- Imprisonment of the other spouse for a felony;
- A divorce decree from another state; and
- Insanity for at least 5 years.
You should speak to an attorney regarding your possible grounds for divorce and the likely outcome for these options.
When and Where You Can File
You can file for divorce in Oklahoma once you have lived in the state for at least 6 months or you are a member of the military and you are posted to a base in the state for at least 6 months. Prior to this 6 month period, you do not meet the jurisdictional requirement for an Oklahoma court to dissolve your marriage.
Most individuals file for divorce in the district court of the country in which they live, though some people will file for divorce in the county in which the other spouse lives, if they live separately.
You May Have to Wait
If the spouses are in agreement about the divorce and related issues, the court can approve the dissolution within 10 days. However, if there are minor children involved, the court waits at least 90 days before issuing a final order. This period allows the court to gather evidence in order to resolve custody issues and requires the parents to take an educational program on how separation affects children.
Additionally, most divorcing spouses need to figure out child custody arrangements and the division of property. These issues take time to resolve. The more contentious the divorce, the longer it can take.
Call an Oklahoma City Divorce Attorney
These are only the basic facts of divorcing in Oklahoma and most spouses run into many different issues and have numerous questions. To learn about beginning the divorce process, contact the family law attorneys of Brown & Gould, PLLC at (405) 235-4500.