What Is A Start To Finish Guide To Divorce in Oklahoma

We often get asked what a guide to divorce would be, as the process can be overwhelming but understanding the steps involved can help make the experience more manageable. This guide provides a comprehensive overview of the divorce process in Oklahoma, from initial filing to finalization.

Step 1: Decide to File for Divorce

The first step in the divorce process is deciding to file. Before proceeding, consider whether divorce is the best option for your situation and explore alternatives such as counseling or mediation. Oklahoma recognizes both fault and no-fault grounds for divorce. Fault grounds include abandonment, adultery, impotence, extreme cruelty, habitual drunkenness, and others.

To file for divorce in Oklahoma, at least one spouse must have been a resident of the state for at least six months before filing. Additionally, you must file in the county where either you or your spouse has lived for at least 30 days.

Step 2: Prepare and File the Petition

Prepare a Petition for Dissolution of Marriage, which includes information about your marriage, children, property, and the grounds for divorce. File this petition with the district court in the appropriate county. Along with the petition, you must also file a summons to notify your spouse of the divorce proceedings.

Step 3: Serve the Divorce Papers

Once you file the petition, you must serve your spouse with the divorce papers. You can do this through a process server, sheriff, or certified mail. Proper service is crucial to ensure that the court has jurisdiction over your case.

Your spouse has 20 days to respond to the petition after being served. They can either agree to the terms, contest the divorce, or file a counter-petition. If they do not respond, you may request a default judgment from the court.

Step 4: Temporary Orders

During the divorce process, you may need temporary orders to address issues such as child custody, support, and property division. Either party can request these orders from the court, which will remain in effect until the final divorce decree.

Step 5: Discovery, Negotiation, and Mediation

Both parties will exchange information and documents related to assets, debts, income, and other relevant matters. This process, known as discovery, helps ensure transparency and fairness. Following discovery, you and your spouse can negotiate the terms of the divorce, including property division, child custody, and support.

If you and your spouse cannot reach an agreement through negotiation, you may need to go through mediation. A neutral third-party mediator will help facilitate discussions and work toward a mutually acceptable agreement.

Step 6: Settlement Agreement

If you reach an agreement, draft a settlement agreement outlining the terms of the divorce. This agreement should cover property division, child custody, child support, spousal support, and any other relevant issues. Both parties must sign the agreement, which will then be submitted to the court for approval.

Step 7: Trial

If you cannot reach an agreement, your case will go to trial. Both parties will present evidence and arguments, and the judge will make decisions on the contested issues. The final divorce decree will also include the judge’s rulings.

Step 8: Finalizing the Divorce

Once the judge approves the settlement agreement or issues rulings after a trial, the court will issue a Decree of Dissolution of Marriage. This decree finalizes the divorce and outlines the terms agreed upon or decided by the judge.

After finalizing the divorce, you may need to address post-divorce matters such as enforcing the decree, modifying orders, or addressing any disputes that arise. It is important to understand your rights and responsibilities under the final decree.

Tulsa Divorce Lawyers

The divorce process in Oklahoma involves several steps, from the initial filing to finalizing the divorce. Understanding each step in this guide to divorce can help you navigate the process more effectively. Whether you are considering divorce or are already in the process, seeking legal advice and support can help ensure that your rights and interests are protected. If you need help, contact the Tulsa divorce lawyers at Kania Law Office by calling us at (918)–743-2233 or online.