how do i file for divorce without a lawyer in oklahoma?

by Ida Dare DVM 9 min read

How do you get a divorce in Oklahoma?

Mar 02, 2022 · Consulting with a lawyer can benefit you in a number of different ways. Firstly, a lawyer can explain to you the legal rules and procedures for filing for Paper

What are the divorce laws in Oklahoma?

REQUIREMENTS NECESSARY TO FILE FOR AN OK DIVORCE. Oklahoma allows no-fault and fault-based divorces. If you are seeking a divorce due to a fault by your spouse, you must prove at least one of the following: Abandonment for at least 12 months; Adultery; Habitual intoxication; Impotency; Infidelity of wife leading to pregnancy; Fraudulent contract; Extreme cruelty

How do I file my own divorce?

Online Divorce Without a Lawyer in Oklahoma All that you need to do is register on the site, complete an online questionnaire, and receive the completed, ready-to-printable papers via email. Print them, sign them, and file them to the local court. And we are here to help you if you have any questions concerning the filing process.

How much are Oklahoma divorce costs?

Feb 23, 2021 · To file for divorce in Oklahoma, either you or your spouse must be a resident of Oklahoma for at least 6 months. If your spouse lives out of state or is in the military, check with the court personnel to see what special rules apply.

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Can you get a divorce without going to court in Oklahoma?

You can get an uncontested divorce (known as "dissolution of marriage" in Oklahoma) if you and your spouse can agree on how you'll handle the issues involved in ending a marriage, rather than going to trial and having a judge decide for you.

How much does it cost to file divorce papers in Oklahoma?

Oklahoma's divorce filing fee varies slightly – in Oklahoma County, for instance, the cost of filing for divorce with or without minor children involved is $183.70. Other counties in Oklahoma have similar costs, varying by five or ten dollars.

How do I get a free divorce in Oklahoma?

If you cannot afford court costs, you can file a pauper's affidavit. A pauper's affidavit is a form that summarizes your financial situation. If the judge decides that you cannot afford to pay court costs, he or she will let you file your case for free. The best way to obtain a divorce is to hire an attorney.

How much does it cost for an uncontested divorce in Oklahoma?

How Do I File For Divorce in Oklahoma?NAMEDescription1. File with a lawyerThe average cost in Oklahoma with children is $18,700.002. Uncontested Divorce in OklahomaIf you have an agreement, a no children Uncontested Dissolution of Marriage in Oklahoma starts at $149 without children.1 more row

How long does a uncontested divorce take in Oklahoma?

If you do not have minor children and are going through an uncontested divorce, the divorce can be finalized within 10 days. In uncontested divorces where you share children, the waiting period is 90 days. The judge may decide to forego this if there are absolutely no objections to the terms of the divorce.

What forms do I need for a divorce in Oklahoma?

Oklahoma Divorce Papers FormsHow To File For Divorce In Oklahoma.Summons And Notice Of Injunction.Decree Of Divorce.Petition For Divorce.Domestic Relations Cover Sheet.Entry Of Appearance And Waiver.Non Military Affidavit.

Can I file for divorce online in Oklahoma?

For those seeking an inexpensive divorce in the state of Oklahoma, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.

Can a spouse kick you out of the house in Oklahoma?

It is possible to have your spouse move out during divorce from the family home in Oklahoma. However, they may be reluctant to leave. Your spouse's divorce attorney may advise your spouse not to leave because of possible consequences that result when one spouse leaves the marital home.

What is a Uncontested divorce?

In an uncontested divorce, the husband and wife have to file a petition in the family court of the location where they last lived. After receiving the petition and recording the statement of both the spouses, the court adjourns the matter for 6 months.Oct 22, 2019

Does it matter who files for divorce first in Oklahoma?

As with almost all civil cases, the vast majority of divorces settle without trial. In Oklahoma civil practice, which applies to divorce in Oklahoma; the party that filed the original Petitioner seeking a divorce gets to present his or her case first at trial.

What is a wife entitled to in a divorce in Oklahoma?

When a dissolution of marriage is granted in Oklahoma, the decree shall restore the wife to her maiden or former name, if her name was changed as a result of the marriage and if she so desires; and/or the husband to his former name, if his name was changed as a result of the marriage and if he so desires.

Can you date while legally separated in Oklahoma?

A party in Oklahoma is restricted from remarrying within the state for a period of six months following the entry of the divorce decree. Oklahoma does not place restriction upon when a person can start dating.

CLICK HERE TO GET A CHEAP DIVORCE IN OKLAHOMA ONLINE!

Are you wondering how to file for divorce in Oklahoma without a lawyer? The information here should give you the resources you need to file for divorce in Oklahoma without a lawyer. Articles-On-Divorce actually provides a services whereby our staff will draft all necessary divorce paperwork needed in order to file your divorce.

Documents Needed To File For Divorce

According to Oklahoma County Court Clerk’s office you will need the following documents to file for divorce in Oklahoma without a lawyer. These documents might not be the whole total of what is needed, but regardless, this is how to file for divorce in Oklahoma without a lawyer.

How to File For Divorce In Oklahoma Without A Lawyer

How to file for divorce in Oklahoma without a Lawyer can be a tough question to answer. Therefore, we have prepared a short summary of the process. When you become our customer, we will actually go into great detail to help you with the entire process. The resources provided from our staff are invaluable.

What are the main points of contention in divorce cases?

The major points of contention in most divorce cases involve issues of property division, child custody or spousal support. If you and your spouse fail to come to an agreement on these issues, you should know how Oklahoma courts often rule.

What documents do I need to file for divorce in Oklahoma?

You must prepare and submit the following documents: Domestic Relations Cover Sheet. Petition for Dissolution of Marriage. Entry of Appearance and Waiver of Service.

What happens if my spouse files a counterclaim to my divorce?

If your spouse files a Counterclaim to the Petition for Dissolution of Marriage which disputes various aspects of the Petition, then the court will likely have to step in and make decisions regarding contested issues. The court will issue summons to both parties to attend a hearing, which will identify disputed issues, and if you and your spouse cannot come to an agreement, you will proceed to a trial.

What happens if my spouse doesn't respond to my divorce petition?

If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has abdicated any right to participate in the case. The judge will probably grant many or all of the requests by the petitioner regarding child custody, support and property distribution in the original petition.

What is alternative dispute resolution in Oklahoma?

The state of Oklahoma offers couples who are considering a divorce the opportunity to use Alternative Dispute Resolution services. Mediators are independent, conflict resolution professionals with expertise in resolving personal issues. Although they may not have the legal authority to force a couple to remain married, mediators often produce compromises that minimize animosity and expedite the divorce process. A court may appoint or recommend a mediator before or during a divorce proceeding.

How to serve your spouse if you can't reach them?

If you are unable to reach your spouse, you may still proceed with the divorce as long as you made an honest and reasonable effort to serve them. Then you may provide service of Divorce by Publication by submitting an Affidavit of Diligent Search to the court and, upon approval, publishing notice in a local newspaper.

What is the legal process for a divorce in Oklahoma?

In person—A licensed, professional process server or county sheriff is the usual means of serving your divorce papers to your spouse. The server must note the time and date of service.

Get Your Divorce Forms Completed Online

Let us provide you with all the necessary divorce papers. Just answer a questionnaire at the website, and, based on your information, we will complete all the forms, taking into account the peculiarities of your case as well as Oklahoma divorce laws and the regulations of your county.

Online Divorce Without a Lawyer in Oklahoma

All that you need to do is register on the site, complete an online questionnaire, and receive the completed, ready-to-printable papers via email. Print them, sign them, and file them to the local court. And we are here to help you if you have any questions concerning the filing process.

How long do you have to be a resident of Oklahoma to file for divorce?

You will also need to pay filing fees when you do so. To file for divorce in Oklahoma, either you or your spouse must be a resident of Oklahoma for at least 6 months. If your spouse lives out of state or is in the military, check with the court personnel to see what special rules apply. After filing, you must serve your spouse with copies ...

What is proof of service in Oklahoma?

Serving Your Spouse With Divorce Papers. In Oklahoma, you must provide copies of all documents related to the divorce to your spouse after filing your paperwork. This is called proof of service. You can use a professional process server or a county sheriff.

What is the purpose of affidavit of diligence search?

You will need to submit an Affidavit of Diligent Search to the court which states that you have made reasonable and ongoing efforts to locate your spouse without success. After they approve it, you will publish a divorce notice in a local newspaper to satisfy proof of service.

How much does it cost to get divorced in Oklahoma?

How much does it cost to file for a divorce in Oklahoma? Fees to file for divorce in Oklahoma will vary slightly from county to county, but will be around $180 to $185. This is for a filing without any minor children. There are also additional fees if the paperwork needs to be served by a process server or a sheriff.

What to do when filing for divorce in Oklahoma?

When you file for divorce in Oklahoma, one of the best things you can do is to arm yourself with the information you’ll need to see you through the process from start to finish. Divorce can be intimidating and disruptive on many levels, and the best way to minimize the impacts on your life is to do your homework so that you can best protect ...

How long does a spouse have to be married to receive military retirement?

A key element is that the former spouse must have been married to the former servicemember for a minimum of 10 years while the military member has served on active duty.

What is the definition of abandonment?

Habitual drunkenness. Imprisonment on felony charge, state or federal. The procurement of a final divorce decree without this state by a husband or wife, which does not in this state release the other party from the obligations of the marriage.

How long do you have to go to court for divorce?

This gives both you and your spouse plenty of time to complete the required parenting courses. After the 90 days, call or go to the court house and request a court date. Bring all your divorce paperwork with you to the court date. Your spouse will not have to attend.

How much does an uncontested divorce cost in Oklahoma?

There will be no need for a divorce attorney and the fees can be as low as $75 for an Uncontested Divorce in Oklahoma with no Children, or $150 for your divorce forms online with children.

How long do you have to live in Oklahoma to file for divorce?

You must live in Oklahoma for 6 months before you can file for divorce. You must file your case in the county in which your spouse lives, or in which you have lived at least 30 days.

How do I get divorce?

The best way to obtain a divorce is to hire an attorney. Most attorneys charge a retainer, or deposit, at the start of the case. The attorney then charges an hourly rate against the deposit.

What to do if you can't afford court costs?

If you cannot afford court costs, you can file a pauper's affidavit. A pauper's affidavit is a form that summarizes your financial situation. If the judge decides that you cannot afford to pay court costs, he or she will let you file your case for free.

What are the grounds for divorce?

To get a divorce, you must show that there are grounds for divorce. The most common ground is incompatibility. You and your spouse are incompatible if at least one of you is willing to testify that you cannot get along and that you want a divorce. Other common grounds include abandonment for one year and adultery.

What are the grounds for a judge to restrict visitation?

Grounds for restricting visitation include drug use, abuse of the children, abuse of the other parent, and alcohol problems.

How do I start a divorce?

To start a divorce, you must file papers with the court. You then must have copies of the papers delivered to your spouse. If you cannot locate your spouse, you can publish notice in a local newspaper.

How to find out if you are getting alimony?

The best way to find out about alimony is to ask an attorney for an opinion .

How long can you stay with your ex spouse in Oklahoma?

Neither you nor your former spouse is allowed to remarry or cohabit with another person in the state of Oklahoma for 6 months after the judge enters the divorce decree. Remarriage within this period is considered bigamy, cohabitation is considered adultery. Both violate state law.

How much does it cost to serve your spouse in Oklahoma?

Serve your spouse with your divorce petition and the summons. You can pay an extra fee (typically $30 to $50) to have a sheriff's deputy deliver your documents to your spouse. However, in Oklahoma, personal service is not required for divorce cases.

How long does it take to file a divorce petition?

If your spouse plans to contest your petition for divorce, they must file a written answer with the court within 20 days of being served with your petition. You (or your attorney, if you've hired one) will be served with their answer.

What is a parenting class?

The class deals with parenting time, child support, and the emotional challenges for children during a divorce. The cost of the class is included in your filing fees. You and your spouse do not have to attend the class at the same time if you don't feel comfortable doing so.

How long do you have to live in Oklahoma to get divorced?

3. Identify the district court where you'll need to file your petition. You must have lived in Oklahoma for at least 6 months before you can file for divorce in any state court. Generally, you'll file your petition for divorce in the county where you live.

How to get divorced in Oklahoma?

To get divorced in Oklahoma, you must be able to prove that you are married. For most people, this means getting a copy of your marriage certificate. However, since Oklahoma recognizes common law marriage, you can also get a divorce if you can prove that you were in a common-law marriage.

Can you end a marriage by leaving?

You can't simply end the relationship by leaving. If you tried to do so, it's possible your spouse could wait a year and then file for divorce on the grounds of abandonment. Likewise, you could file for divorce arguing the two of you had a common-law marriage and your partner could argue you were just dating.

What are the factors that affect fair division?

A fair division can be impacted by many factors such as each spouse’s ability to work, who will be primarily responsible for taking of any children, alimony and child support payments from one spouse to another, any fraud or conduct that decreased the value of the marital property, and other related factors.

What is the bifurcation of marital status in Oklahoma?

Bifurcation of marital status in Oklahoma is sometimes granted and means that both parties can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce and allows a couple to become legally divorced without taking care of all the details.

How long does a spouse have to respond to a divorce in Oklahoma?

Spouse’s Default. After a spouse petitions for divorce in Oklahoma, the defendant has 20 days after being served to respond to the divorce complaint. If they do not respond, it may be possible to seek a default judgment by asking the judge to grant the divorce despite no response.

What happens if you inherit property in Oklahoma?

Gifts and Inherited Property. In Oklahoma if you inherit an asset or you are given a gift that is meant only for you as a stand-alone spouse , and if you do not comming le it into the family’s finances, you will have a much better chance of keeping that property for yourself.

How long does a military spouse have to be married to be eligible for retirement?

The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty).

What is separate property?

Separate property is awarded only to the spouse who owns it. The value of property is determined by its current “fair market value,” which is what a buyer would be willing to pay, and a seller willing to accept, for the property on the open market.

What is USFSPA in divorce?

But in addition to state property division laws, the federal government has established the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided when a divorce takes place.

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Divorce Forms and Divorce Papers

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The Oklahoma Courts require certain formsto file for divorce. Having the right forms to file divorce papers is critical. Not every situation is the same. Below is a list of forms you may need – and more info about each one:
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Helpful Hints!

  • Be sure to have your Spouse sign the RESPONDENT SIGNATURE line on the back page of the Decree. DO NOT NOTARIZE IT!!! Be sure to dress appropriately and modest. Don't be nervous, relax, relief is almost here! Don't complicate the filing instructions! It really is simple, you just have slow down and FOLLOW INSTRUCTIONS! "important!" Remember, file the Petition with the Court …
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Frequently Asked Questions

  • Does My Spouse Have to Appear in Court?
    No. In MOST CASES we handle, the spouse signs a WAIVER of APPEARANCE, because both parties agree to the terms of the divorce.
  • What Am I "Entitled To"?
    We cannot answer questions that are deamed as "Legal Advice", because we do not employ attorneys. We can simply draft the documents and instruct you as to which document you file first and where you go to file. We can, however either direct you to an attorney if you have a question …
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Changes in Oklahoma Divorce Procedures and Laws

  • We closely monitor all changes to Oklahoma divorce laws and statutes. From time to time, the Oklahoma legislature makes new rules that directly impact the procedures for filing for divorce. Our attention to detail is one of the #1 reason a person should consider hiring us to draft your Oklahoma Uncontested Divorce Forms. The most important consideration when comparing divo…
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