Divorce papers in Oklahoma — filing for divorce in OK

Online divorce in Oklahoma

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How to get divorce in Oklahoma

Online Divorce provides qualitative and approved by the court Oklahoma divorce papers. The information below will help you understand more about the divorce in Oklahoma. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Oklahoma. We guarantee that in a short time you will receive the correct Oklahoma divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get a divorce in Oklahoma:

1

First of all you need to know that divorce in Oklahoma is officially called dissolution of marriage.

2

You must have fault or non-fault reasons in order to get a divorce in Oklahoma.

3

One party must be a resident of Oklahoma (you or your spouse should live in Oklahoma for at least 6 months).

4

You and your spouse should not marry again after divorce for 6 month.

5

You and your spouse should not cohabit with another person for 30 days (if either spouse did it he/she is guilty of adultery)

6

You need to fill all the necessary divorce form documents. It is also important to choose the correct Oklahoma divorce documents as a court will not accept the documents if you choose not correct forms.

Most people do not like to fill the forms or they do not have time for it. We all live in a busy world and that is why people want to get a quick divorce in Oklahoma. Online divorce understands you and it is always ready to help you with:

  • Choosing appropriate divorce form documents that correspond to your divorce case.
  • Filling these documents out according to the rules of Oklahoma.
  • Saving your time for all the divorce issues.
  • Saving your money you are going to spend for an attorney.

Residency:

If you have already made a decision to get a divorce in Oklahoma, you need to remember that you need to stay in this stay for at least 6 month in order to file for divorce in this state.

As you may already know, all states have different rules as for divorce and some states require 3 month to become a resident of this state (for example Utah), and other states require 1 year in order to have possibility to file for their local courts (for example Rhode Island).

Sometimes people thinks they can not file for divorce in the state if you are not a resident, but they very often forget that it is possible to file even if one spouse is a resident of the state and another is not.

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Valid grounds to get divorce in Oklahoma

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First of all you need to know that Oklahoma is a non-fault state. So if you want to get a divorce here you can have a non-fault ground for it. But on the other hand you can have a fault ground such as:

#1

Adultery;

#2

Some history of domestic violence or cruelty;

#3

Drug or alcohol addiction;

#4

Abandonment ( only when a husband or wife is absent for at least one year);

#5

Impotency ( when your spouse can’t have a sexual relationship in marriage, also when one spouse wants children and another partner can’t have children due to some physical issue);

#6

Gross neglect of duty;

#7

Pregnant, but not your spouse is a father of a baby;

#8

Mental retardation ( only if a spouse has it for 5 last years);

#9

Conviction of felony (when your spouse has committed some crime like murder, arson, robbery, etc);

#10

The contract was signed in a fraudulent way;

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Annulment of the marriage in Oklahoma

Annulment of marriage became popular because of pop-stars and actors and other popular people in the USA. That is why sometimes people think that annulment of marriage is easy to get and quick process. But unfortunately it is not always true. You need to fit some special requirement in order to have possibility to annul your marriage.

Here is a list of some grounds for annulment in Oklahoma:

  • Underage. It means you or your spouse were less than 18 years old when you entered marriage and your parents or your guardians did not sign your documents.
  • Impotency. It mean your partner can not have children or can’t have sexual relationship in marriage. But you can annul your marriage only if you did not know about his impotence when you entered a marriage with your partner.
  • Bigamy or polygamy. According to the Oklahoma law you can not have more than one wife or husband. So if you were already married with one spouse and entered a marriage with another one, this marriage will be considered as void.
  • Incestous marriage. When a person marries a close relative such as brother, sister, father, mother, etc.
  • Remarriage within 6 month of divorce.
  • Mental retardement of one spouse. A spouse need to have this disease for at least 5 years.
  • One spouse was forced into marriage, but did not want to do it.
  • There was some fraud when you entered a marriage. Your partner lied to you or did not tell you about some important things in his/her life such as pregnancy, bank account, work, uncured disease, etc.

In addition, same-sex marriage is not considered as a void since 2015, so you need to remember it when you file for annulment in Oklahoma.

Legal separation

Unfortunately people think that to get a legal separation is easier than to maintain a divorce, but this is not always true. Some people can’t divorce due to their personal or religious beliefs, some people do not want to lose medical insurance, another do not want to divorce as they think there is still a chance for reconciliation.

First of all you need to remember that during a legal separation you need to divide your property, to discuss the amount of a child support and spousal support, decide who will have a physical custody of a child and who will have visitation hours, divide assets and debts, etc.

You need to think about these issues with all the accuracy as if in the future you decide to get divorce in Oklahoma you will get it easily and all your decisions during the legal separation will take place too. That is why never agree on anything in a legal separation agreement that you would never agree too during the divorce process.

So, the main difference between legal separation and divorce, it that in first case you stay marriage with your spouse and you are not allowed to marry again.

In order to file for legal separation in Oklahoma you need:

  • To be a resident of Oklahoma ( to live in Oklahoma for at least 6 month) 
  • To file a legal separation petition with a court;
  • You and your spouse need to sign a legal separation agreement ( in this agreement people usually decide property division issues, child custody, visitation hours, child support, alimony or spousal support, debts and assets division) 
  • If your spouse does not know that you filed for a legal separation, he/she has some time to respond to your petition;
  • To make a copy of a legal separation agreement and file it for a court;

It is important to consult with your attorney about the legal separation in Oklahoma as the state laws are different from state to state and you need to know all the details in order to succeed in this difficult process.

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Custody of the child in Oklahoma

Custody of the child

It is always important to think about your child or children when you want to get a divorce in Oklahoma. That is why the best way is to discuss all the issues regarding a child custody, child support, visitation hours and other essential things with your attorney.

Divorce it is very difficult process for adults, but for children is can be crucial as children love their both parents, mother and father. Sometimes children think that divorce it is their fault and they try to make any steps for parents reconciliation.

According to the Oklahoma law, all the decisions regarding child custody and visitation are taken in accordance with child’s best interests. It means that a child need to have permanent and continuing relationships with both parents.

Here is a list of factors that usually has influence on child custody decision:

  • Relationship of a child with each parent.
  • Relationship of a child with other members of a family such as brothers, sisters, grandparents, etc.
  • Child’s desire to be with one or another parent. If a child is little it cannot have much value, but the older the child is the more value his/her wishes have on a court.
  • Parents desire to have a child custody.
  • Ability of each spouse to earn money.
  • Any history of domestic violence.
  • Drug or alcohol addiction in the past or present.
  • Drug or alcohol addiction of a new boyfriend/girlfriend of a spouse.
  • Adjustment of a child to the local community (school, church, neighbours, etc).
  • Mental and physical health of each spouse.
  • Mental and physical health of a child.
  • Age of each spouse.
  • Any other factors the court may consider as important for a child’s life.

Rules for child support in Oklahoma

Child support it is a main issue for all parents discussions as one parent thinks about a child and wants to protect him, while the other parent states that it is difficult to earn money and he/she will not be able to pay such a big amount of money. Both of them are right, it is very hard to earn money nowadays as well as raising children.

t the same time we all need to remember that child support is an essential tool that help to cover child’s basic needs such as food, clothes, shelter, pocket money, education, etc. So, if one spouse refuses to pay child support he/she refuses to take care about his/her child.

In this case a parent who has a child custody can go to the court and ask a judge to enforce a child support or he/she may go to a local child support enforcement office and ask for help. In Oklahoma it is called Oklahoma Child Support Service (OCSS).

Sometimes parents move to another country in order to flee child support, but the USA now cooperate with more than 18 countries such as Australia, Canada, Germany, Poland, Austria, Sweden and other countries, so that a person who enters such country will require to pay child support anyway.

Here is a common calculation of a child support ( when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

Uncontested Oklahoma divorce with children
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Rules for spousal support in Oklahoma

Rules for spousal support

Many spouses come to an attorney to ask just one question: Why should I pay her/him an alimony and how much should I pay him/her?

To answer this question first of all we need to look at the spousal support from a different perspective.

Sometimes when couple were together they lived a good life and and family budget. But after divorce one party can not earn money due to different reasons. For example this can be a housewife who could not finish her college or university, because she decided to devote herself completely to her husband and children, or maybe she wanted to help her ambitious partner to reach his goals in a career and did not have time to build up her own career. In this cases the court order a spousal support, because a husband has more opportunities to earn money than a wife.

The main idea of an alimony is to keep the same living standards for both parties after divorce as they had during their marriage.

The amount of money one spouse should pay to the other may vary and usually based on the following factors:

  • How many years a couple lived together.
  • Possibility of each spouse to earn money.
  • Health of both parties (physical and mental).
  • Age of both partners.
  • Financial situation of both spouses.
  • Separate property of each spouse.
  • Debts and assets of each partner.
  • Education of each spouse.
  • Any other factors the court may consider as important.

If you want to learn more about the rules for spousal support, make an appointment with your attorney and he/she will give you detailed information according to your case situation.

Divorce without a lawyer in Oklahoma

If you apply for a divorce in Oklahoma, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Oklahoma can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Oklahoma

According to Oklahoma law each person can get a mediation support in order to help him/her to solve difficult issues regarding divorce in Oklahoma.

So, when you and your partner can’t reach an agreement in the most important question, you can ask for help a third party or mediator. Mediator will not solve all the disputes for you, but will write down all the most valuable decision regarding child custody, child support amount, alimony or spousal support, visitation hours, property division, debts and assets division and other issues.

When you discussed all the essential question and ready to move forward, you and your spouse need to sign Divorce Settlement Agreement, and your mediator need to sign this document as well.

Then you file Divorce Settlement Agreement to the court and it makes judges work easier and your divorce process runs more smooth and quickly.

Divorce forms in Oklahoma

As it was said below you must fill a great amount of forms if you want to get divorce in Oklahoma. But the most important issue is to choose the right forms relevant to your case. It is not easy to know all the details and to fill all the forms correctly, that is why people ask for a help experienced attorneys and pay for this help a lot of money.

Online divorce offers you an affordable alternative to expensive attorneys. Online Divorce is always there to help you with:

  • Choosing the appropriate divorce form documents that you need for your case;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Oklahoma;
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