Learn How to File for an Oklahoma Divorce

Is your married life becoming increasingly fraught with troubles? Are no viable reconciliations between you and your spouse apparent on the horizon? Perhaps a divorce is what you are considering. If you are a resident of Oklahoma, you need to follow a certain set of rules to be granted a divorce from your partner.

Oklahoma divorce laws clearly state that you can submit a petition for divorce only in such a court that has the jurisdiction to preside over your case. In addition, the state’s residency requirements have to be met as well. According to the regulations, you need to live in Oklahoma (or at any military post of the United States) for a minimum period of 6 months, before you attain the eligibility to file a divorce lawsuit.

Title 43 of the Oklahoma Statutes clearly spells out the residency laws that are required for divorce cases. You need to follow them closely, since any violation of these regulations would result in your case being dismissed. It is thus necessary that both you and your wife/husband should be familiar enough with the Oklahoma divorce rules.

In the courts of Oklahoma, a divorce motion can be initiated only by citing certain recognized grounds for your case. There are two alternatives in this regard. You can press certain charges to obtain a separation from your spouse. These charges of course have to be supported by conclusive evidence. On the other hand, the two of you might arrive at a mutual consensus to present the ‘no-fault’ ground for obtaining the divorce.

The reason cited as the grounds for the divorce lawsuit in such cases is ‘incompatibility’ between your wife/husband and yourself, which appears to be irrevocable. The other grounds for divorce that are accepted by the divorce authorities at Oklahoma are known as the ‘at-fault’ grounds.

‘At-Fault’ Divorce in Oklahoma

There are quite a number of grounds under which you can file your ‘at-fault’ divorce appeal in Oklahoma. In case you find your partner to be guilty of adultery, physical and/or mental abusiveness, thoroughly neglectful of the marital duties or charged with any criminal offense, you can petition the court for a divorce from him/her. Divorce cases can also be initiated due to mental instability (for at least five years), or if your wife/husband deserts you willfully for a period of a year or more.

The District Courts of the different counties in the State of Oklahoma hold exclusive rights to host the hearings of your divorce case. As the petitioner, you are responsible for filing the Petition of Divorce in the court, thereby starting off the process of separation. Your estranged spouse, i.e., the respondent, is served a copy of this divorce petition by the court itself.

The Paperwork

Apart from the Petition of Divorce, which is of course a critical document of your divorce lawsuit, there is also the Decree of Divorce, which is very important too. The Notice of Final Hearing, the Marital Agreement documents as well as other papers dealing with aspects of domestic relations and verification might also be required at any point in time.

The divorce court appoints a court clerk, who along with his/her assistants are responsible for handling all the paperwork related to your divorce lawsuit. The concerned official is also known as the District Clerk. It is the duty of the clerk to act as a medium of information between you and your spouse, and information and directives as issued by the court.

Property Distribution in Oklahoma

The divorce laws prevalent in Oklahoma are such that the state is counted among those that believe in ‘equitable’ distribution of the marital property and assets in divorce cases. This regulation implies that the division of property items, along with individual debts, will be divided between you and your partner in a manner that the court deems to be ‘fair’ and ‘justifiable’. Please note that re-distribution of marital assets need not be equal. The court wants this to be ‘just’ – which may not be the same as ‘equal’.

A portion of the stock of properties by marriage might also be required to be kept separately for upkeep of the children (if any) that the two of you might have from your marriage. Property divisions can also be in kind. Alternatively, either you or your partner might be directed to pay a specified sum of money in exchange for receiving the property rights.

Alimony and Divorce

Alimony arrangement is another issue that is looked into closely by the court. The alimony might be required to be paid by you (or received from your partner, as the case might be) on a temporary or on a long-standing basis. Not all cases of divorce require such arrangements of alimony. The court’s ruling on this issue is considered to be binding.

If you and your wife/husband happen to have a child of minor age, his/her custodial matters are sure to be determined by the court (children are almost always the worst affected in a divorce case as the family is breaking down). The court wants to make sure that the emotional upheaval (as a result of your divorce) that the child experiences is kept at a minimum possible level. The two of you have the option of either mutually agreeing about the custody, or accept the decisions of the court regarding this.

The divorce laws of Oklahoma make use of the Income Shares Model to estimate the approximate amount of money required to support the child as well as maintain a proper way of living for the parent serving as custodian. The current financial status of you and your spouse are also analyzed for this. No matter who gets custody, both of you would be awarded with the right of visiting your child. If for any reason you or your spouse are not completely happy with the decisions taken by the court, either one of you can of course file an appeal.