Divorce in Oklahoma is never easy, but understanding the basics and knowing what to expect can make the process less overwhelming. Whether your divorce is amicable or contested, understanding the basic steps and requirements in Oklahoma can help you navigate this challenging time.
Grounds for Divorce in Oklahoma
Oklahoma allows for both fault-based and no-fault divorces.
- No-Fault Divorce: The most common ground is incompatibility, meaning the marriage can no longer continue due to irreconcilable differences.
- Fault-Based Grounds: These include adultery, abandonment, cruelty, and other specific reasons listed under Oklahoma law. However, most couples choose no-fault divorce for simplicity.
Filing the Petition
The divorce process begins when one spouse files a petition for dissolution of marriage in the district court. This document outlines:
- The grounds for divorce
- Requests for property division, child custody, child support, and alimony (if applicable)
The other spouse (the respondent) has an opportunity to respond to the petition. Before filing for divorce, at least one spouse must have lived in Oklahoma for six months and in the county of filing for 30 days.
Temporary Orders
Courts often issue temporary orders to address immediate concerns while the divorce is pending, including:
- Temporary child custody and visitation schedules
- Temporary child or spousal support
- Who stays in the family home
These orders help maintain stability until the court can finalize the divorce.
Property Division
Oklahoma is an equitable distribution state, meaning property division is fair, though not necessarily equal. Courts consider:
- Which property is marital property (acquired during the marriage) versus separate property (owned before marriage or inherited).
- Each spouse’s financial situation, contributions, and future needs.
Child Custody and Support
If children are involved, the court’s main focus is the best interests of the child. Custody may be joint or sole, and courts typically encourage both parents to remain involved. Child support is calculated using state guidelines based on each parent’s income and the child’s needs.
Alimony (Spousal Support)
Alimony, or spousal support, may be awarded to help one spouse maintain financial stability after divorce. The amount and duration depend on factors like:
- The length of the marriage
- Each spouse’s income and earning potential
- The standard of living during the marriage
Waiting Period and Finalization
Oklahoma has a 90-day waiting period for divorces involving minor children (unless waived for good cause). Divorces without children can be finalized much sooner. After resolving all issues—either by agreement or trial—the court issues a final decree of divorce, officially ending the marriage.
Tahlequah Divorce Attorneys
The basics of divorce in Oklahoma involve filing a petition, addressing temporary orders, resolving issues like property and custody, and finalizing the decree. Understanding these steps can reduce stress and help you make informed decisions, and our team at Tahlequah Lawyers is here to guide you. Call 539-867-2321 today for a free and confidential consultation with one of our child custody attorneys, or click here to ask your question online.