What Is The Divorce Process in Oklahoma?
The process of getting a divorce in Oklahoma involves a few legal steps and several processes.
Those include:
- Establishing your right to file for divorce
- Filing a divorce petition
- Undergoing the Discovery Period
- Going to Court
- The Courts Decision
Establishing the Right to File for Divorce.
To be legally able to file for divorce in Oklahoma, you must be a resident of Oklahoma for at least six months, and you must have lived in the country where you file for at least one month. There are exceptions for those who are married to military personnel as well as for those whose spouse has certain medical conditions. If you meet these stipulations, then you can file for divorce in Oklahoma.
Filing the Divorce Petition
The divorce petition or Dissolution of Marriage form is the legal document that begins the actual divorce process. The form will require that you list a reason which can be fault-based or not. Oklahoma has a list of faults that merit divorce. Those include:
- Adultery
- Excessive alcoholism
- Extreme violence
- Fraud
- Negligence of duty
There are other reasons that the court accepts as grounds for divorce. Oklahoma is a no-fault state. That means that if nobody is necessarily at fault, but both parties are not compatible, then incompatibility is the reason a couple could give.
Before filing the Dissolution of Marriage, your spouse must also be given or served a copy of the petition. That step is critical. You can mail the document to them or give it to them in person. You must also prove that they were served. A family lawyer can help with the process of serving your spouse and completing the Dissolution of Marriage form.
The Discovery Process
This process can be difficult both legally and emotionally. It is the time during the divorce process when disagreements about the grounds of divorce or other issues pertaining to the separation, including child custody, assets and debt distribution, and support, are discussed and eventually decided upon either by the couple or by the court.
Note: The court will ultimately decide if what the couple agrees upon is fair, or it will make the decision for you both. Understanding your legal rights under Oklahoma family law is important. A family lawyer can help protect your rights and help you understand your legal options during your divorce process.
Going to Court
When you go to court, the judge will review the Dissolution of Marriage form and address any issues within that document. If there are disagreements over property, debt, child custody, child care, child support, or spousal support, the judge will ask questions, ask for proof, and discuss concerns about the facts of the marriage, assets, debts, and children of the marriage.
During the first court hearing, the judge may assign temporary alimony or child support.
The Waiting
The divorce process can take upwards of 90 days in Oklahoma or as short as ten days. The difference in time has to do with whether the divorce is contested or not, if there are children involved, etc.
Contact Brown & Gould If You Are Seeking Divorce
Brown & Gould provides family law legal services to the greater Oklahoma City community. If you need family law help or are considering divorcing your spouse, then our team can help you understand your legal rights and assist with navigating the legal process of divorce in Oklahoma. Call Or Text 405-235-4500 today to schedule an initial consultation.
