About Divorce in Oklahoma – A Review to the Divorce Guide

We all know that divorce is absolutely never an easy decision, nor a simple process for that matter. Even if everything is legally rather clear and it can all be completed quickly, the truth is that the process will still be difficult emotionally. And then, of course, there is the legal part of it that can complicate things further for you, especially if you are not quite sure how to do all of this successfully and efficiently, and how to ensure that you are doing the right things during the process. Here are some more reasons why divorces are difficult.

Now, as it should be clear already, the legal process can absolutely make a huge difference in how smoothly everything will proceed in this process. And, as you may have known, Oklahoma has its own, unique procedures, laws, as well as requirements that you have to understand before filing anything. So, what we are going to do right now, thus, is talk a bit more about some of the key aspects of divorce in Oklahoma, hoping to help you get a better understanding of it all. Without any kind of further ado, thus, let us get started.

Divorce in Oklahoma – the Basics

Divorce in Oklahoma is, as you may have known already, legally referred to as the “dissolution of marriage”. Either spouse can initiate the process, and it is handled through those district courts. What is important for you to do understand is that there are both no-fault and fault-based divorces allowed in this state, which basically means that couples can get the flexibility they need when it comes to this and depending on their own circumstances.

Now, of course, most of the divorces in this state are actually filed on a no-fault basis, which basically means that the marriage is considered irretrievable broken due to, well, incompatibility. Yet, as mentioned, those fault-based ones are still available in Oklahoma, and the point of those is for one spouse to allege misconduct by another, such as adultery or abandonment. The bottom line is, thus, that couples in Oklahoma have both of these options, meaning they will get to choose what works best for them.

When it comes to the grounds for divorce in Oklahoma, here is what you need to know. Basically, 12 grounds are recognized legally, but only a few of those are commonly used. Of course, incompatibility is the no-fault ground, and it is, as it should be clear, one of the most common ones used. Then, common fault-based grounds include adultery, abandonment, extreme cruelty, gross neglect of duty, habitual drunkenness and similar. Once again, since the fault-based option requires proof and can make those proceedings much longer and much more expensive, it is not a surprise that most couples choose the simple, no-fault-route.

What Are Contested and Uncontested Types?

There are also two different types of divorces that you absolutely have to learn a bit more about, in order to actually understand what they are and what to expect from each of them. And to, of course, figure out what may be best for you. To cut right to the chase, we are talking about contested and uncontested types.

Read about the uncontested here: https://www.findlaw.com/family/divorce/uncontested-divorce.html

The uncontested type happens when both of the spouses agree on all major issues, including child custody if applicable, property division, support arrangements, and anything else they have to agree on. This type is usually much faster, less expensive, as well as much less stressful. Also, it doesn’t require you to work with a lawyer, because you and your spouse are in agreement when it comes to all the important things.

On the other hand, there is the contested type, which occurs when spouses disagree on one or more important issues. Cases like these can involve negotiations and mediation, court hearings, as well as potential trials. And, of course, they often take longer, and they involve higher legal costs, as it should be clear to you already.

The Step By Step Divorce Process

Okay, now that you have understood the basics about these processes in Oklahoma, and now that you have become familiar with the different types, what you want to do is, well, better understand the actual legal process. This can help you get a clearer idea on what to expect during the process, and thus reduce any kind of uncertainty. So, let us now share a simplified, step-by-step overview of the divorce process in this state.

When we are talking about uncontested types, the first thing you have to do is ensure that, well, the case is truly uncontested and that you really agree on everything that matters, such as the property, the debts, and custody, visitation rights and child support if children are involved. Once you’re sure that it is uncontested, you should prepare the filing papers to file a petition for the dissolution of marriage. From there, the case will be filed with the district court clerk in the proper county, and then the other spouse will have to be served the papers. Then you only have to wait out the required time, after which you will get your divorce decree signed by the judge.

When it comes to the contested ones, you will have to file the petition in the district court and ask the court to dissolve the marriage and decide on the issues that you and your spouse have unresolved. The other spouse will be formally served, and then they can file an answer and possibly a counterclaim. This entire process consists of negotiations and mediations, and if settlement fails, a trial will have to be conducted.

How to Get Professional Help for Uncontested Divorces?

Now, you probably have one more question on your mind. Maybe you don’t want to get a lawyer, but you may still want some professional help when getting divorce in Oklahoma, to ensure everything runs smoothly. How can you get that help, though?

Well, the truth is that you can partner up with professionals that offer non-lawyer divorce support services. Those include uncontested divorce document preparation, divorce mediation, step-by-step guidance, support for those divorces involving children, and similar. So, they can prepare the paperwork, guide you through the filing, and help you avoid court battles. And that can often be the right course of action for most couples.