Uncontested Divorce in Oklahoma
According to Oklahoma law, married couples have the opportunity to apply for either contested or uncontested divorce.
- If the divorcing couple has any ongoing disputes regarding the terms of marriage termination, such as child custody, spousal support, or property division, they will have to go through a contested divorce. Typically, this type of divorce takes a lot of time and costs several thousands of dollars or more in court and attorney fees, depending on the number and complexity of disputes.
- If spouses are able to agree on all the significant issues before trial, they can end their marriage in a simplified way - through an uncontested divorce. In fact, divorce, where neither party is fighting, is less draining emotionally and financially than a litigated dissolution of marriage. Thus, an uncontested divorce is way more commonly applied for.
Get Your Divorce Forms Completed Online
Thanks to the rapid advancement of Internet technologies, people can currently prepare uncontested divorce paperwork online from the comfort of their homes. And, this is what DivorceOnline was created for!
This online platform helps divorcing spouses select and fill out up-to-date documents that comply with local laws and requirements. Even though we do not provide legal advice, DivorceOnline offers step-by-step explanations during the whole process of completing Oklahoma divorce papers.
After completing a simple questionnaire related to your marriage and the terms of the divorce, you will be able to download completed divorce papers, along with written instructions on how to file. Most importantly, it only costs $139! Next, you can take your ready-to-sign divorce documents to the court clerk's office, thereby initiating the divorce process right away.
Currently, Oklahoma cours may require divorce documents, such as:
- Domestic Relations Cover Sheet
- Petition for Divorce
- Automatic Temporary Injunction Notice
- Marital Settlement Agreement
- Financial Affidavits
- Child Support Schedule
- Child Support Worksheet
- Entry of Appearance and Waiver of Service
- Notice of Final Hearing
- Decree of Divorce
Steps for Filing a Divorce in Oklahoma
To file for divorce in this state, divorcing couples should follow several significant steps.
- At least one of the parties must have been a legal resident of the state for a minimum of six months before the divorce case is started.
- The divorce petition should be filed in the county where one of the spouses has lived for at least 90 days.
According to Oklahoma divorce laws, this state accepts both no-fault and fault-based grounds for divorce.
A no-fault divorce can be granted due to incompatibility reasons, otherwise known as "irreconcilable differences." Simply put, the plaintiff (person initiating the divorce process) is not required to prove the other party's fault when it comes to marriage failure.
In terms of fault-based divorce, spouses should allege fault as the basis for the dissolution of marriage. There are 11 fault-based grounds for divorce in Oklahoma, including:
- abandonment for at least one year
- the inability to have sexual relations
- the wife's pregnancy from the other person
- extreme cruelty
- fraudulent contract
- alcohol abuse or drug addiction
- gross neglect of duty
- one of the parties obtained an out-of-state divorce that isn't valid in Oklahoma
To initiate filing for divorce, the plaintiff should take Oklahoma divorce papers to the county courthouse.
Divorce Papers in Oklahoma
Although all local courts use the same basic set of divorce forms, required divorce papers may vary from case to case. It mainly depends on the personal circumstances of each couple. The most common documents necessary in all cases include:
- Summons And Notice Of Injunction;
- Decree Of Divorce;
- Petition For Divorce;
- Domestic Relations Cover Sheet;
- Entry Of Appearance And Waiver;
- Marital Settlement Agreement; and
- Non-Military Affidavit
In order to determine the exact documents needed for a certain divorce case, spouses should contact the county clerk’s office.
In Oklahoma, filing fees are around $180-185, depending on the county where the divorce forms are filed. If the couple has minor children, the court may also require spouses to pay for mandatory parenting classes or services provided by a professional custody evaluator. Thus, the final cost of initiating dissolution of marriage is unique for each couple in this state.
Oklahoma imposes a mandatory 10-day and 90-day waiting period for couples without and with minor children, respectively.
After the Oklahoma divorce papers are submitted, the plaintiff should notify the defendant (respondent) that legal action has been taken against them in one of the following ways:
- By hiring a sheriff's deputy or a private process server.
- Via certified mail.
Once the waiting period has elapsed, spouses will receive a final divorce decree providing all the details and terms of the divorce action. This document outlines the main terms of the divorce in detail, including alimony, child custody and support, the division of assets, and any other issues that need to be addressed.
Getting a Divorce With Children
In addition to the basic list of divorce forms, spouses with minor children may be required to submit:
- Parenting Plan;
- Schedule of Visitation;
- Financial Affidavits (both parties); and
- Child Support Worksheet and Custody Schedule.
Oklahoma courts need these documents to make sure parents act in the child's best interests. If parties cannot reach an agreement regarding child-related issues, the judge will address them considering the following factors:
- the child's age and personal preferences;
- the child's adjustment to school, home, and the community;
- the child's relationship with siblings and extended family members;
- each parent's financial stability;
- each parent's physical and mental health; and
- either parent's history of domestic violence.
Despite their gender, all parents have the same legal rights to seek custody of their children. Therefore, the judge's final decision regarding awarding custody will be based on the parents' agreement and the factors listed above.
Currently, there are two types of custody approved in Oklahoma: sole custody and joint custody. Typically, judges share parental rights between spouses equally unless at least one of them is likely to harm the child in any way. For example, if there is a history of physical violence initiated by the father, the child is unlikely to share the same residential place with him.
In addition, most Oklahoma custody orders consider legal and physical custody separately. Legal custody refers to the ability of a parent to make major decisions regarding the child’s education, nutrition, medical treatment, and other important aspects of life. In turn, physical custody refers to a parent’s right to reside with the child.
In turn, child support is calculated according to the Oklahoma Child Support Guidelines in the state. The amount of financial support depends on the number of minor children and the overall monthly income of each parent. Besides, the child support guidelines consider the health insurance premiums paid by one parent for the health care coverage of the minor children.
Filing for Divorce in Oklahoma Without a Lawyer
In Oklahoma, people applying for an uncontested divorce can initiate the filing process with limited legal advice or without it at all. The affordability and simplicity of this option encourage residents of this state to avoid services provided by attorneys.
Instead, divorcing couples may prepare their court forms with the help of online divorce services and settle their differences by using alternative dispute resolution methods, like divorce mediation. Mediation allows spouses to make mutually agreed, beneficial decisions about their future without fighting in a family court.
Do-It-Yourself Divorce in Oklahoma
A DIY divorce is a completely legit way to end the marriage without the involvement of qualified divorce lawyers. This type of divorce refers to the process of preparing divorce forms online and submitting all the paperwork to the court.
Considering that the preparation of Oklahoma uncontested divorce forms can be very tricky for people without a legal background, many residents of this state use services offered by online divorce companies, such as DivorceOnline.
After downloading the required Oklahoma divorce papers, the plaintiff will have to sign them and follow the rules of the court that processes their divorce case.
Frequently Asked Questions:
The length of the divorce process depends on various factors, such as the type of divorce, involvement of minor children, and the ability of spouses to reach a mutual agreement regarding terms of the divorce. For example, an uncontested divorce can be settled in 10 days if the couple does not have children (or 90 days if minor children are involved). Contested divorce typically takes 6-12 months or more.
In addition to filing fees (around $180-185), divorcing spouses may be required to pay an additional fee if the divorce forms need to be served by either a process server or a sheriff. Also, couples with children will need to spend money on "divorce school" ($15-60) and parenting classes ($20-30 per person).
If the couple hires an attorney, they will be charged nearly $240 per hour. Services offered by online divorce companies for generating legal forms start at around $139.
If divorcing partners cannot afford court costs, they can ask the judge to waive them. It can be done by completing and signing the Paupers Affidavit form. The judge will review this document and waive the payment if certain conditions are satisfied.
As was mentioned above, the list of appropriate Oklahoma divorce forms differs from case to case. However, all divorcing couples should be prepared to submit the following documents to the local court: Domestic Relations Cover Sheet Petition for Divorce Verification Marital Settlement Agreement Financial Affidavits Child Support Schedule and Worksheet Decree of Divorce