Residency Requirements
Oklahoma has both state and country residency requirements for any couples who wish to file for divorce. Before either spouse files a petition for divorce, at least one spouse must have been an Oklahoma resident for six months. The spouse who is initiating the petition is required to file in one of two places. They either may file in the Oklahoma county where they have resided for the last 30 days, or they may file in the county where the spouse who will receive the petition currently resides.
Procedural Requirements
You must first file a petition for dissolution of the marriage with the district court in the county where you or your spouse are residing. After you file, you are required to notify your spouse of the petition. This may be done through certified mail, a process server, or the sheriff. However, if your spouse signs an Entry of Appearance and Waiver after you file, you are not required to formally notify them.
Requirements If Children Are Involved
If minor children are involved, there is a required waiting period of 90 days from the date of the filing. This is often referred to as the “cooling-off period.” However, if both parties agree, the court may waive the waiting period. Also, both parents are usually required to complete a parenting education class or seminar approved by the court, before the divorce is granted. (This may be waived in certain cases, such as abandonment or cruelty.)
Requirements for Fault-Based Divorces
If a spouse is seeking a fault-based divorce, that spouse is required to provide evidence of the wrongdoing. According to Title 43 of the Oklahoma Statutes, Oklahoma will grant divorce based on evidence of the following: abandonment for one year, adultery, impotence, extreme cruelty, fraudulent contract (deceit), habitual drunkenness, gross neglect of duty, imprisonment, insanity, or procurement of a divorce outside the state.
Requirements for Division of Property and Assets
Oklahoma law states that property must be divided equitably. This means that marital property is divided fairly (not necessarily equally), based on the circumstances of each spouse and contributions to the marriage. Spouses must provide proof of their assets for the court to decide on the division, unless spouses can agree between themselves on how they wish to divide their assets. Then they must submit their agreement to the court for final approval.
Hire an Oklahoma City Divorce Lawyer
It’s wise to engage a family law attorney if you are considering or in the middle of divorce proceedings. You will need legal advice on how to make sure you follow Oklahoma law. You will also need someone who is not emotionally involved in the situation to help you make good decisions that will stand you in good stead for your future after the divorce is finalized. For more information, click here.
Divorce can be a difficult time, both emotionally and mentally. Focusing on just doing the next right thing will help you walk through the divorce and build a stable life.
