File a divorce in oklahoma

In Oklahoma an annulment can be granted under very limited and specific circumstances. When can I file for divorce in Oklahoma?

A party can file for divorce in Oklahoma at any time. When is my case going to be over? Do I have to go to court?

Do You Need a Lawyer?

If attempts to serve my spouse do not work, what is my next step? At what point during the process can a spouse remarry or start dating? What if my spouse does not want the divorce?

Do the other issues — child support, child custody, alimony, and property — have to be decided before the divorce is final? In most instances, all issues are resolved prior to a final resolution being entered. How long do I have to live in Oklahoma to obtain a divorce? After I file for divorce, do I have to continue to live in Oklahoma? What forms do I need to file for a divorce in Oklahoma? How and where is a divorce complaint filed? How do I serve the divorce complaint on my spouse?

How is a divorce granted? Will I have to go to court? How do I prove fault for divorce? Albany: Great Oaks Blvd. Main St.

Contact Attorney John Cannon

Capitol Blvd. Fifth St. Hillsdale Blvd. Often the cost of using an attorney for a consent divorce is not much more than using a "service" and it is a small price to pay to make sure your Decree of Divorce reflects your intent.

Do I need my own attorney if my spouse's attorney is willing to prepare the uncontested divorce documents? It is generally a good idea to hire your own attorney to at least review the documents prepared by your spouse's attorney so you can be advised on your rights before you sign and the divorce is finalized.

Your spouse's attorney is representing your spouse and is looking out for your spouse's best interests. Sometimes there are a variety of ways to handle an issue in a decree of divorce with one way being more beneficial to one party and another way being more beneficial to the other party.

It is prudent to make sure you are aware of the various legal options before finalizing the paperwork.

How to File a Divorce in Oklahoma |

What are the steps to complete an uncontested divorce? After the initial meeting Ms. Smith will prepare a Petition for Divorce as well as a Waiver. Those documents will be filed with the court clerk and then served on your spouse. Next Ms. After both parties review, approve and sign the documents she will set a date to present the Decree to the judge. Your spouse can attend but it is not necessary. You will testify at the Hearing regarding the divorce agreement, jurisdiction and venue. The amount of support is based on the income of the parents. The court will also order the other parent to pay a part of the children's medical expenses, health insurance, and day-care costs.

The court can divide most of the property that you and your spouse acquired during the marriage, regardless of whose name it is in. If you and your spouse are not able to agree on how to divide your savings, furniture, cars, house, and other property, the court will make that decision.

The court can also return any separate property to its owner. Separate property is property either of you owned before you got married, or that you received during the marriage by gift or inheritance.

You May Also Like

The court will also divide the various debts of the marriage. Alimony is money that one spouse is ordered to pay to the other for support. Alimony depends on the length of the marriage, the need and income of the parties, and other factors. There are no clear guidelines on when a judge will order alimony, or how much the judge will order. The best way to find out about alimony is to ask an attorney for an opinion.

In a divorce, a woman can ask the judge to change her last name back to her maiden name or any other former name. The judge cannot change the names of the children. To start a divorce, you must file papers with the court.

How Long Do I Have To Live In Oklahoma Before I Can File For Divorce?

You then must have copies of the papers delivered to your spouse. If you cannot locate your spouse, you can publish notice in a local newspaper. If you have children, there is a day waiting period before you can get a divorce. In some counties you will be required to attend a class on the effects of divorce on children. As soon as you file a petition for dircorce and serve notice to your spouse, an Automatic Temporary Injuction goes in to effect.

Neither of you can sell or give property away, damage property, take money from bank accounts or transfer money. You can use money you would normally use to take care of the household expenses and children. Some counties require you to attend a parenting plan conference to work out details about the children during the divorce process.

At the parenting plan conference the parents will sign a temporary order agreeing on child care, visitation, budgets, expenses, and property. If you cannot agree, you will have to go to mediation or even have a court hearing. You can also request a Temporary Order for child support, living expenses, who pays the debts and who keeps which car or other property, until the final divorce decree.

To file a divorce, you must pay a filing fee. Serving the papers costs more.