The Divorce Process in Oklahoma Guide You Need Know

If you’re considering getting divorced, then it’s important to understand all the steps you’ll need to go through. An Oklahoma City divorce lawyer can talk you through the steps in more detail, and the basics are outlined below.

Understanding the Divorce Process in Oklahoma: A Step-By-Step Guide

Meet the Residency Requirements

Before you can get a divorce in Oklahoma, you need to ensure you meet the residency requirements. To file a divorce in any county, you or your spouse need to have lived in that county for at least 30 days. You or your spouse must have also lived in Oklahoma for six months.

Hire an Oklahoma City Divorce Lawyer

You need an attorney to help you through all the stages of your divorce. Visit jpcannonlawfirm.com to learn a little about hiring the right divorce attorney. You can begin the divorce process once you’ve hired a lawyer.

File a Petition for the Dissolution of Marriage

Once you’re working with an attorney, you can file a Petition for the Dissolution of Marriage. Only one spouse can file. The petition must include information on various things, which you can discuss with your attorney. The grounds, a.k.a. the legal reason, for your divorce must also be stated in the petition.

In a no-fault divorce, the only ground you can state is incompatibility. Fault-based grounds for divorce are also allowed in Oklahoma. Once you file, you’ll need to give your spouse the divorce forms in person or send the forms to them in the mail.

The Discovery Process

There may be things in your petition that you and your spouse disagree on. This leads to a discovery process where both spouses and both attorneys attempt to identify certain issues. For example, you and your spouse may disagree on how to divide your assets. You and your attorney must then work to establish facts and gather evidence that supports your case regarding any issues that arise.

Negotiations and Possible Trial

Negotiations will take place during the discovery process. These negotiations aimed to resolve issues so you can file your divorce settlement agreement. If you can’t agree on some of the issues that arise, then you may need to go to court.

During your trial, your attorney will present your side of the story before a judge, and your spouse’s attorney will present theirs. The judge will then make decisions on your behalf. Division of property and debt, alimony, child support, and custody are a few of the issues the judge may need to make decisions regarding.

The Waiting Period

If you have an uncontested divorce and have no children under 18, then you can finalize the divorce in under 10 days. Uncontested divorces where you share children have a 90-day waiting period before finalization. How long it takes to finalize a contested divorce varies.

If you’re looking to get a divorce in Oklahoma, the first step is hiring a lawyer. From there, you’ll file for divorce, likely go through a discovery process, negotiate to resolve issues, and possibly go to court. After a waiting period, or after the court makes an order on the issues involved in your divorce, you’ll receive a final divorce decree

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