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 understand more about the divorce in Oklahoma.


The basic steps of getting a divorce in Oklahoma are
:

1

First of all, divorce in Oklahoma is officially called dissolution of marriage.

2

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

3

One party must be a resident of Oklahoma (one or both spouses should live in Oklahoma for at least 6 months).

4

The spouses should not marry again after divorce for 6 month.

5

The spouses should not cohabit with another person for 30 days (if either spouse is guilty of adultery)

6

It is important to choose the Oklahoma divorce documents appropriate for the particular divorce case. All the necessary divorce forms and documents must be filled out correctly and then, submitted to the court.

 

Residency:

In order to be eligible to file for divorce in Oklahoma, the spouses must meet the certain residency requirements of the state.
Either spouse (the filing spouse - Plaintiff, or the non-filing spouse - Defendant) must have been an actual resident of Oklahoma for at least 6 months before filing the petition for divorce. 

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Valid grounds to get divorce in Oklahoma

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Oklahoma is a no-fault state, meaning, that along with the fault grounds which point out some spouse's wrongdoing as a reason of a breakup the no-fault divorce is allowed. The only no-fault ground for divorce in Oklahoma is Incompatibility. Neither spouse needs to prove something, it's enough just to testify that the spouses can't get along anymore.
In opposite, the fault grounds refer to the misconduct of either spouse and must be proven before the court. The fault grounds for divorce in Oklahoma are
:

#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 the 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 the 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 the 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 a marriage declares it invalid and cancels the marriage as if it never existed, unlike a divorce which terminates the legal marriage. To have a right to be annulled the marriage must meet some specific conditions. In Oklahoma, such types of marriages are subjects to annulment:

  • Underage. It means that spouses were less than 18 years old when entered marriage and the parents or guardians did not sign documents.
  • Impotency. It mean the partner can not have children or can’t have sexual relationship in marriage.
  • Bigamy or polygamy. According to the Oklahoma law the spouse can not have more than one wife or husband. So if if the spousewere 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 the spouse entered a marriage. Oneepartner lied to other or did not tell him or her about some important things in his/her life such as pregnancy, bank account, work, uncured disease, etc.

Legal separation

Legal separation is allowed in Oklahoma. This procedure is very similar to divorce as during a legal separation the spouses may divide their property, 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 liabilities, assets, and debts, etc. However, legal separation doesn't actually terminate the marriage and the couple remains officially married. Neither spouse is allowed to remarry until a divorce.

In order to file for legal separation in Oklahoma, the couple needs to meet the same residency requirements as for divorce (to live in Oklahoma for at least 6 months), to make a Separation Agreement, and to file the Separation Petition to the court.

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Custody of the child in Oklahoma

Custody of the child

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

Here is a list of factors that usually has an 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

The 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 the Oklahoma Child Support Service (OCSS).

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

A spousal support, or alimony, is a periodic payment from the one former spouse to the other. Typically, the one who earns less and has less property may request for alimony from the party with higher income. The main idea of an alimony is to keep the same living standards for both parties after divorce as they had during the marriage. More often alimony aims to give the spouse with a low income an opportunity to become self-supporting by professional improvement, education and so on.

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.

Divorce without a lawyer in Oklahoma

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 the spouse lives, 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 may be rather 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 the spouses can’t reach an agreement in the most important question, he or she can ask for help a third party or mediator. Mediator will not solve all the disputes for the spouse, 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.

Divorce forms in Oklahoma

In order to get a divorce in Oklahoma, an important task is to choose the right forms relevant to the case. It is not easy to know all the details and to fill all the forms correctly, that is why people often ask for a help experienced attorneys and pay for this help a lot of money.
Online divorce offers an affordable alternative to expensive attorneys. Online Divorce is always here to help with choosing the appropriate divorce form documents that may be needed for the case and filling out all the documents correctly.

Divorce in Oklahoma online
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