Divorce in Oklahoma
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Top Resources for Divorce in Oklahoma
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Oklahoma
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Oklahoma court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in Oklahoma
What is the waiting period in Oklahoma?
10 days for divorce w/o minor children.
90 days for divorce w/minor children
What is the do you need to be separated before filing for divorce? if so, how long? in Oklahoma?
No
What is the property (e.g., separate property / equitable property) in Oklahoma?
Equitable Distribution
What is the filing fee in Oklahoma?
May vary slightly by county. ~$242.14-$252.14 https://oklahomadivorceform.com/filing-fees/
What is the joint petition possible? in Oklahoma?
No
What is the how do you waive filing fee? in Oklahoma?
If you can't afford to pay the filing fees, you can ask the judge to waive the fees. You can ask the court clerk for a form to request a waiver, or use the Pauper's Affidavit authored by Legal Aid Services of Oklahoma. https://oklaw.org/resource/paupers-affidavit
What is the annulment rules in Oklahoma?
An annulment in Oklahoma requires a trial and hearing before a judge to prove the grounds for annulment. In certain circumstances, an action for annulment can be brought by parents if their child was under age 18 and their consent was not obtained for the marriage or if their child lacks mental capacity.
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Oklahoma?
If both spouses can agree from the outset you can have what is commonly known as a 'waiver divorce' where everything is uncontested (or previously agreed to).
What is the what are the parties divorcing called? in Oklahoma?
Petitioner/Respondent
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Oklahoma?
You can serve your spouse by using one of the following methods:
personal delivery by process server
personal delivery by sheriff or law enforcement officer, or
mailing by certified U.S. Mail, return receipt requested.
You can't serve your spouse yourself—the server must be someone over the age of 18 who isn't a party to the divorce.
What is the what are the residency requirements for divorce? in Oklahoma?
1 spouse a resident of Oklahoma for the six months immediately before the petition is filed; or. a resident of any United States army post or military reservation within Oklahoma for the six months immediately before the petition is filed.
What is the does it matter who files first? in Oklahoma?
No
What is the what is the deadline for the response (or equivalent) in Oklahoma?
20 days
What is the are the parties required to go to court? describe in Oklahoma?
Yes, there are mandatory proceedings that a party must attend that vary by case.
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Oklahoma?
No
What is the is separation required before you can finalize your divorce? in Oklahoma?
No
What is the no-fault state? in Oklahoma?
Both - though it also essentially grants no-fault divorces on the grounds of "incompatibility" (i.e., irreconcilable differences).
What is the if fault, what are the grounds? in Oklahoma?
-abandonment for at least one year
-adultery
-impotence
-when the wife at the time of marriage was pregnant by someone other than the husband
-extreme cruelty
-fraudulent contract
-habitual drunkenness
-gross neglect of duty
-imprisonment of the other spouse in a state or federal penal institution for the commission of a felony at the time the petition is filed
the procurement of a final divorce decree outside of Oklahoma which doesn't release the other spouse from the obligations of the marriage under Oklahoma law, and insanity for five years (with other conditions).
What is the permanent alimony/spousal support? in Oklahoma?
Yes.
What is the alimony/spousal support rules in Oklahoma?
The duration of payments is determined by a judge in Oklahoma family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may award permanent alimony.
What is the child support rules in Oklahoma?
http://www.okdhs.org/OKDHS%20Publication%20Library/91-25.pdf. https://oklahoma.gov/okdhs/services/child-support-services/computation.html The trial court considers three factors in setting support: (1) the child's actual needs, (2) the parents' ability to pay, and (3) the child's prior standard of living. Base child support is still divided based on what percentage of the combined income each parent contributes.
What is the military divorce rules in Oklahoma?
In order for an Oklahoma court to have jurisdiction over the active military member, he or she needs to be personally served with a summons and a copy of the divorce action. In the event of an uncontested divorce, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit which acknowledges the divorce action.
What is the is there an official spousal support calculator? if yes, link in Oklahoma?
No
What is the is there an official child support calculator? if yes, link in Oklahoma?
https://oklahoma.gov/okdhs/services/child-support-services/computation.html
What is the when are you able to file taxes as a single person? in Oklahoma?
If you were divorced by midnight on December 31 of the tax year, you will file separately from your former spouse.
What is the can parties legally separate? if so, how? in Oklahoma?
Yes. You file a petition for legal separation and affidavit in the resident county of either spouse lives.
What is the where do you file for divorce? (e.g., resident county, etc.) in Oklahoma?
Resident county of either spouse
What is the what are the rules for filing in this place? in Oklahoma?
Petition for divorce is filed in the county where either party has resided for the previous 30 days
What is the what are the primary documents generated for divorce called? in Oklahoma?
Petition for Dissolution of Marriage
What is the can you change your name during the divorce process? if so, how? in Oklahoma?
Yes, OK allows for restoration of maiden name upon entry of the divorce decree.
What is the can you finalize your divorce while pregnant? if yes, how? in Oklahoma?
Not likely. The judge may want to finalize matters of custody, visitation, and support. It may also be more complicated if the pregnancy came about because of adultery, and the other spouse is seeking a fault based divorce.
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Oklahoma?
The state does not recognize them but it looks like some insurance plans allow you to register your DP for health benefits.
What is the are financial disclosures required? if so, explain in Oklahoma?
Yes, full financial disclosure in Oklahoma divorce is a legal requirement. Both spouses will be required to disclose all marital assets to the court so that a fair and just distribution can be accomplished, either by agreement of the spouses or by the court if they cannot agree.
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Oklahoma?
https://oklaw.org/
What is the is there common law marriage? in Oklahoma?
Oklahoma's statute requires couples to get a marriage license; however case law has upheld common law marriages in the state. -- https://www.ncsl.org/research/human-services/common-law-marriage.aspx
What is the e-filing? in Oklahoma?
Yes. https://www.oklahomacounty.org/elected-offices/court-clerk/e-filing
What is the e-filing? in Oklahoma?
No
What is the court required? in Oklahoma?
Yes
What is the are you required to appear in court at any point in the divorce process? in Oklahoma?
A divorce is granted upon conclusion of a your case either by trial or by agreement. In most instances you will be have to go to court on at least one occasion.
