File for Divorce in Johnston County, Oklahoma (OK) | Divorce in Johnston County
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Divorce in Johnston County

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Online Divorce in Johnston County

divorce in Johnston County

Please note: OnlineDivorce.com in Johnston County, Oklahoma, is a document preparation service, not the law firm, so this resource cannot provide legal advice. OnlineDivorce offers the following material for informational purposes only.

Are you thinking of getting a divorce in Johnston County? Most spouses are looking for the easiest and fastest way to terminate the marriage.

Do-it-yourself divorce without a lawyer is usually a cheap and simple option available for spouses who can reach an agreement concerning the essential terms of their separation, and write up a Settlement Agreement on their own, out-of-court. After that, the party who initiates the case shall select, fill out, and file the divorce documents with the relevant court.

However, even an uncontested divorce can have its pitfalls and difficulties. OnlineDivorce.com offers its services for those spouses who do not want to hire a lawyer for their uncontested case but do not want to deal with the paperwork by themselves.

Utilizing OnlineDivorce.com allows you to avoid the bureaucratic challenges and makes paperwork preparation for the dissolution of marriage as quick, affordable, and easy as possible.

OnlineDivorce.com provides only relevant Oklahoma divorce forms authorized for use in Johnston County courts. It completes them according to the Family Law of the state, Johnston County local rules, and circumstances of a particular case.

The customer can receive printable divorce forms by email within two business days, along with easy-to-follow step-by-step instructions for the filing process. OnlineDivorce.com helps to make an uncontested divorce inexpensive and straightforward, ensuring the court approval of the papers.

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Valid grounds to get divorce in Johnston County

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Filing for divorce in Johnston County, Oklahoma, the spouse who initiates the case (called the plaintiff or petitioner) has to choose one of the grounds for divorce, prescribed by Oklahoma Statutes.

Since the state of Oklahoma recognizes both no-fault and fault-based grounds, to apply for divorce in Johnston County, the plaintiff may (but does not have to) point out the misconduct of the other party as a cause that led to the marriage breakdown.

  • According to Oklahoma Statutes, Sec. 43-101, fault grounds must be proved before the court and include:
  • Abandonment for at least one year
  • Adultery
  • Impotence
  • The fact that the wife at the time of her marriage, was pregnant by another than her husband
  • Extreme cruelty
  • Fraudulent contract
  • Habitual drunkenness
  • Gross neglect of duty
  • Imprisonment
  • Insanity for at least five years

In a no-fault divorce in Johnston County, you need not claim marital fault or provide evidence.
The only no-fault ground in Oklahoma is Incompatibility, meaning that the spouses cannot get along anymore, and there is no hope for reconciliation.

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Custody of the child in Johnston County

Custody of the child in Johnston County

In any divorce proceeding in Johnston County with children involved, the court shall enter a custody order based on Sec. 43.109 and 43.112 of Oklahoma Statutes.

Oklahoma courts recognize physical and legal custody arrangements. Physical custody refers to where the child lives and the time each parent spends with the child. In contrast, legal custody refers to each parent's decision-making power regarding the child's upbringing. Any arrangement must meet the child's best interests.

To ensure this, the judges consider the parents' custody agreement or, if the parties fail to agree on their own, decide at their discretion, following the multiple factors:

  • the child's preferences given that he or she is mature enough to express them;
  • the parents' preferences and their ability to encourage the child's contact with the second parent;
  • the mental and physical health of all parties involved;
  • any history of domestic violence, child abuse, etc.;
  • and any other circumstances which may clarify what would be right for the child in a particular case.

Based on these and other significant factors, either sole or joint custody may be awarded, or some mix of the two. For example, the ex-spouses can share legal custody, but only one is designated as the primary physical custodian.

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Rules for child support in Johnston County

Both parents are responsible for supporting their minor children financially, even after a separation. So, all minor children of divorced parents are entitled to receive child support in Johnston County.

In Oklahoma, child support is determined by the Basic Child Support Obligations, which assume an average amount to cover the child's basic needs such as shelter, food, transportation, clothing, educational expenses, etc.

The exact amount of child support the noncustodial parent has to pay in a particular dissolution case shall be calculated based on the Income Shares Model. This approach implies estimating the amount of support that the child would have if the parents had not separated. The amount varies depending on the household's income and the number of children in the family. The resulting amount shall be divided proportionally to the parents according to each parent's income. The noncustodial parent is obliged to make periodic payments to the primary caretaker, while the latter spends his or her share directly on the child's needs.

The spouses may use the Child Support Calculator and Child Support Worksheet to determine the sum of payment required according to their unique situation.

Rules for spousal support in Johnston County

Rules for spousal support in Johnston County

In a divorce in Johnston County, Oklahoma, either person may be awarded alimony from the former spouse if the court considers this fair and reasonable in a particular case.

There is no single formula or statutory list of factors when determining alimony payments, and Oklahoma courts have broad discretion in determining alimony on a case-by-case basis.

Yet it is worth noting that since Oklahoma is a no-fault state, marital fault is not considered. Instead, the court typically examines the standard of living maintained during the marriage, and any custodial arrangement. If alimony is ordered, the length of the marriage is the most crucial factor in determining the duration of payments.

For example, in case of a divorce after ten years of marriage, alimony can be ordered for several years, following the basic standard that three years of marriage equates to one year of spousal support. Although this is more a suggestion than a strict rule, all other things being equal, the judge is likely to order more alimony for longer marriages.

According to Sec. 43.134 of the Oklahoma Statutes, alimony shall be terminated upon the recipient’s death or remarriage. Also, an alimony order can be modified or terminated if the recipient starts cohabiting with a member of the opposite sex, or there are other significant changes related to the need for support or ability to support.

Uncontested Johnston County divorce with children

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Property division in Johnston County

Property division in Johnston County

To understand how property is divided in a divorce in Johnston County, it is worth noting that Oklahoma belongs to equitable distribution states. That means that the spouses' property (usually, excluding the separate property of each party) shall be divided fairly, but not necessarily equally.

To get a divorce in Johnston County, the spouses can divide assets on their own through a written settlement agreement. The judge reviews this document and typically approves it if it is equitable.

However, if the parties fail to reach an agreement, the court will divide the marital property following Sec. 43.121 of the Oklahoma Statutes within the Judgment of Divorce.

Thus, Oklahoma courts have broad discretion when dividing marital property and debt. Typically, such factors as each spouse's ability to work, any special needs, obligations, alimony orders, and custody arrangements are taken into account. In some cases, the court may even set apart a portion of the non-custodial spouse's separate property as the support of the children.

The misconduct of either spouse can also be considered but only given that it affected the property’s value.

Mediation support in Johnston County

Mediation is an alternative dispute resolution that may help the spouses settle their differences out-of-court and, as a result, file for an uncontested divorce in Johnston County.

In Oklahoma, mediation is not a mandatory step through the process of separation, though it may be required in some instances. For example, the court may order the spouses to participate in mediation sessions if there are some disputes over child-related matters.

Along with it, all the parents who are getting a divorce in Johnston County on the no-fault ground of Incompatibility have to attend a parenting class. Parenting class is a specially-designed education program for parents that helps to deal with sharing parental responsibilities and reduce the negative impacts of divorce on children. The number of required hours and other details shall be determined by the judge in each case separately.

How to file for divorce in Johnston County | Step-by-Step

1

Foremost, to file for divorce in Johnston County, the spouses have to meet Oklahoma residency requirements. According to the Oklahoma Statutes, Sec. 43.102, either party must have been a resident of the state for at least six months preceding the petition’s filing. Service members of the United States Armed Forces who have been stationed within the state of Oklahoma for six months before filing the petition can also obtain a divorce in Johnston County.

2

To start a divorce procedure in Johnston County, the spouse who initiates the case has to draft the Petition for Divorce along with the Notice of Summons and the affidavit, which states that all the information included in the petition is valid. These divorce papers must be filed with the District Court in the county where the plaintiff has resided for at least thirty days, or in the county where the defendant currently resides.

3

At the moment of filing, the plaintiff also has to pay a court filing fee.

4

The next step of the divorce process in Johnston County is serving the defendant with divorce papers.
Oklahoma law recognizes several ways of how to serve divorce papers:

-  through the sheriff's department;

-  by hiring a private process server to deliver the documents in person;

-  or asking the spouse to accept the service of the divorce petition and summons by completing a Waiver of Service form.

In some extraordinary cases, such as if the defendant’s location is not known, special service rules may apply.

5

A dissolution process in Johnston County, Oklahoma, implies a mandatory waiting period before a divorce can be granted.
For the spouses who do not have minor children, it is only ten days, while divorcing parents should wait for at least ninety days.
The waiting period sets only the minimum possible timeline of the procedure, and often, it takes more time to finalize a divorce in Johnston County.

6

Before the final court hearing, the spouses should make full disclosure of their financial information (income, assets, obligations, etc.). If either party attempts to hide any assets or debts, it may lead to a fine.

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Filing fees for divorce in Johnston County

The court filing fee is a mandatory payment collected from the plaintiff when filing the petition to start the procedure officially. In the state of Oklahoma, the filing fee varies from $175 - $250, depending on whether the spouses have minor children and the county used.

Thus, the filing fee marks the minimum possible cost of a divorce in Johnston County, Oklahoma.

However, those plaintiffs who cannot afford to pay filing costs may ask the judge to waive the fee by filing a sworn statement called a Pauper's Affidavit with the court.

How long will it take?

The length of the divorce process in Johnston County, Oklahoma, mainly depends on whether the spouses contest the case, and whether they have minor children of the marriage. Moreover, if neither party objects, the spouses who have children may ask the court to waive the 90-days waiting period.

Thus, if both parties agree on the crucial matters of their separation, it can take a minimum of ten days to get a divorce in Oklahoma. On average, such an amicable no-fault divorce takes about two weeks.

If a case goes to trial, the length of the proceeding is harder to predict. Some contested divorces can be resolved in short order, while others can take months.

Filing for divorce in Johnston County | Frequently Asked Questions

How much does a divorce cost in Johnston County?
It is hard to predict how much a divorce will cost in Johnston County. The total expenses depend on many factors, including legal representative fees, serving fees, parenting class, mediation support, and more.
The cost of any dissolution of the marriage in Johnston County starts with a filing fee and a parenting class fee if the spouses have minor children. The rest mostly depends on whether the spouses contest the case since the price of lawyers' services usually constitutes the majority of the costs. Thus, DIY divorce without legal assistance can be considered the most affordable option for arranging the process.

How do you file for divorce in Johnston County without a lawyer?
Spouses who want to terminate the marriage in Johnston County, Oklahoma, are eligible to represent themselves in a dissolution case. To arrange the process, they may use self-help guides provided by the Legal Aid Services of Oklahoma or other sources online. To prepare legal forms quickly and easily, spouses who are not going to contest the case may take advantage of OnlineDivorce.com.

What are the required forms for an uncontested divorce in Johnston County?
The most common legal forms to start a case in Johnston County, Oklahoma, include:

  • Domestic Relations Cover Sheet
  • Petition for Divorce
  • Automatic Temporary Injunction Notice
  • Verification
  • 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

Can I file for legal separation in Johnston County, Oklahoma?
Oklahoma law also recognizes the option of legal separation instead of dissolution, meaning that the spouses can divide property, award alimony, and determine child custody but remain married in the eyes of the law.
For a legal separation, the spouses are required to use the same grounds as for dissolution of marriage.

When is it allowed to remarry after a divorce?
Oklahoma requires a six-month waiting period after the marriage is dissolved before the spouses can remarry within the state (unless they are remarrying or living with each other).

Divorce in Johnston County online

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  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
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Divorce Courts in Johnston County, Oklahoma

Johnston County District Court
Clerk Name:
Cassandra Slover
Court Address:
403 West Main Suite 201, Tishomingo, Oklahoma 73460
Phone:
(580) 371-3281
Fax:
(580) 371-2199
Clerk Hours:
8:30am-4:30pm