We can all agree that divorce is a stressful process affecting all sides, including spouses and children.
However, it is way better to learn about a process based on the place you reside, which will help you deal with it quickly.
Therefore, if you wish to end your marriage in Oklahoma, you should learn a few things beforehand.
We recommend you to check here to learn more about financial aspects of divorce.
Most courts state that dissolution of marriage is divorce, which means you can choose either fault-based or no-fault options.
Even though most people choose no-fault divorce, you can select fault-based ones depending on numerous factors and grounds, including:
- Neglect of duty
- Felony conviction
On the other hand, no-fault options are more popular and prominent in Oklahoma and the majority of states.
It means you can file a particular case without specific detail, and the reason relationship cannot work anymore.
Instead, you must state that you and your ex-partner are incompatible, which is enough for the process to start.
If you wish to file the process, a single spouse requires a residence in Oklahoma in the last six months at least. At the same time, you must live in the country for at least a month based on regulations and acts.
When it comes to Oklahoma, you should remember they have unique waiting periods for family law. Therefore, if you have children that are not eighteen years old, the court will finalize a process in the next three months afterward.
We recommend you learn more about Oklahoma Divorce Procedures before you start with the process.
You can waive the waiting period only if both sides agree to do it. At the same time, when you finalize a divorce process, you will not be able to remarry in the next six months.
However, this regulation will not apply if you remarry a former spouse or if your ex passes away before the end of the waiting period.
Things to Know About Divorce Forms
If you wish to start with the process, the first step you should make is creating a written request for a divorce or petition that should feature a written declaration or declaration of facts in which you swear that everything you have written is true.
In case you have minor kids, the petition should include their names and where they lived in the last five years before the divorce. It would be best to implement a Notice of Summons so a court could serve your ex.
As soon as you deal with relevant paperwork and documentation, you should file it in the county based on your reside. The main goal is to file it in place you currently live or lived in the last month or thirty days.
Based on Oklahoma regulations, you should provide every single copy of each document to your spouse. If you wish to achieve service, you can hire a third-party server to deliver everything in person or use the sheriff’s department instead.
Of course, you must pay for the service fee as a filling spouse, which is an essential factor to remember.
On the other hand, you can also ask your spouse to accept the summons and divorce petitions. If they agree, then a non-filing spouse must complete Waiver of Service or Acceptance before you file everything in court.
If you cannot locate your spouse or if he/she is in the military, you should ask about additional services in which you will have to follow specific rules and regulations.
It is vital to remember that both sides should create a comprehensive disclosure of their debts and assets to ensure the best course of action.
If a single spouse fails to exchange relevant info or hides assets, that can lead to significant fines and paying all attorney expenses, among other things.
Therefore, you should share detailed info on your monthly expenses, income, debts, and assets with additional supporting documentation.
Visit this link: https://www.investopedia.com/separation-and-divorce-4689711 to learn how to divide assets with ease.
Frequently Asked Questions
- What Should You Expect from a Divorce Court?
During the settlement or trial, the court will divide the debts and marital property, address child support, custody, and visitation.
At the same time, they are responsible for granting and approving divorce while awarding support alimony and attorney expenses and costs in specific situations.
- What Should You Expect After Filing Petition?
As soon as you file a petition, the court clerk will issue summoning. It means that both summons and petition will reach your spouse through certified mail, deputy sheriff, or private process server.
Besides, your attorney can make a temporary order and application that would affect your spouse and restrain for dealing with certain aspects. Still, you must testify in court for each brief request you wish to make.
As soon as they serve papers, your spouse will have twenty days to answer by visiting a court clerk. When the petition reaches your spouse, ATI or automatic temporary injunction is in effect.
A process is here to protect both sides, which means that you will get a prohibition to certain financial modifications and expenditures based on policies and accounts such as insurance policies and retirement accounts.
At the same time, parties should exchange relevant documents by abiding by ATI terms. If a single party violates the ATI, he/she can be subjected to a court, which is an important consideration to remember.
- When Will You Get a Temporary Order?
The main idea is to file temporary order applications to the court. Therefore, a court can grant an interim order for possession of the property, child support, custody, and alimony until your spouse receives service.
The specific circumstances can affect this situation, which means that you can get an emergency custody order if your spouse can cause irreparable and immediate harm to your children and yourself.
After an emergency, both of you must undergo a hearing in the next ten days, determining the further course of action.
That way, you can prevent potential issues from happening to both sides, which will provide you peace of mind along the way.