When considering the notion of a divorce from your spouse, it’s in each person’s best interest to fully grasp every option available to you. Ultimately, the course that the two of you follow will depend on the cordialness of your partnership and how you negotiate together.
If you agree to pursue an uncontested Oklahoma divorce or make every effort to reach settlement terms using some type of mediation, it can save considerable time and cost. That will allow a smoother transition to the next phase of your life.
The process can prove intimidating for couples when the subject is initially broached, bringing with it immediate feelings of defensiveness, hurt, disruption, and intimidation.
The best way to prepare and reduce the impact to protect yourself is to ensure you do your homework. Once you understand the Oklahoma rules, laws, and the overall process, you can prepare yourself for negotiations that will benefit you (and your kids, if that’s applicable) for the future.
A priority is finding steps that can conserve time so that you’re able to decrease stress and anxiety from a process that can become overwhelming if you allow it. Once you process the fact that this is really happening, let yourself work together with your ex to make it as easy and straightforward as possible for both of your benefits. Look here for guidance on determining if divorce is right for you.
Filing For A Dissolution Of The Marriage
When you and your spouse come to terms with the fact that dissolution of your marriage is ultimately the best for each of you, it’s essential that the two of you work together to make that process as stress-free and as simple as possible for the other person.
The ideal, fastest, most straightforward divorce is a non-fault, uncontested process. That can be difficult for a married couple who have built a life together to work out, especially if the divorce is not a mutual decision.
Sometimes it’s necessary to work towards an agreement for settlement. That might involve mediation, but that will still save time and money from attorney fees and court costs.
In order to qualify to file the initial petition in Oklahoma, you need to understand the state, as a rule, is a no-fault state regarding divorce. You can allege fault-based dissolutions, but you would need to prove one of the permissible grounds.
Another qualifying factor is that one of the spouses needs to hold residency for no less than six months before the petition can go to court. The filing party needs to begin the proceedings by filing a “Petition for Dissolution of Marriage” with the county clerk. Hopefully, the one that does this has already spoken with their soon-to-be ex-partner about their intentions.
Forms Required To File For Divorce In Oklahoma
Hopefully, before filing the “Petition for Dissolution of Marriage,” the filing spouse spoke with the soon-to-be ex-partner regarding the intention to file for divorce.
If there is an inclination towards having a cordial process, it begins with respectful handling by letting the other person know what’s happening. There is also an attempt to work out all the intimate personal details before the filing occurs. Then, the policies and procedures for divorce are simply a matter of formalities.
The following Oklahoma divorce forms for divorce in Oklahoma will all need submitting ultimately in conjunction with the initial petition. You want to ensure that you follow all necessary steps for the process to go through smoothly.
- Automatic temporary injunction notice
- Domestic relations cover sheet
- Verification of residency requirements
- Entry of appearance and waiver of service
In addition, these forms might need handling either before or with the final hearing:
- Marital settlement agreement
- Parenting plan
- Financial affidavits for each person
- Schedule a visit
- Custody schedule/child support worksheet
- The final dissolution of marriage decree
The indication is that three copies of these documents are necessary, with the originals going to the appropriate court office along with adequate filing fees.
Once the appropriate filing is in order, it’s necessary to notify your spouse “legally.” But, again, hopefully, this was something the two of you discussed before filing.
Legal Notification To The Spouse
If you didn’t speak with your spouse with the intention of making the divorce proceedings simplistic and straightforward, you’ll ultimately have to serve them with the divorce papers.
Either a county sheriff or a licensed process server will need to take care of serving. Your soon-to-be-ex will have approximately 20 days to reason, at which point either a contested or an uncontested proceeding will begin.
If an individual chooses to ignore the divorce petition for whatever reason, the judge assumes the person is waiving rights regarding participating in the case. The court can then grant a default in the case. At this point, the judge has the capacity to award the petitioner’s requests in all areas, including child support, custody, alimony, and property division.
Contested Or Uncontested As An Option
For the spouse who might be caught unaware, it might be wise to hire an attorney. A professional attorney has the expertise to help you decide on the appropriate divorce method and guide you in the direction of the best resolution.
In some cases, spouses are just unable to come to terms on specific issues that are sometimes significant, creating the need for a contested proceeding.
That will involve high costs and can be time-intensive. A reliable, experienced attorney helps to protect your interests and will advocate for you if that’s the way your path needs to take.
If the two of you can work through your differences and come together on each issue, an uncontested divorce is ideal. You can submit the documents to the court system and have a final hearing scheduled with the judge approximately 90 days from the filing, at which time the final decree will be granted.
Typically, uncontested divorces prove less expensive than contested dissolutions, but that isn’t always the situation. If you start in this position but later determine that you need to contest the proceedings, you could end up spending much more than anticipated.
If the two of you have come to a mutual decision that divorce is the only answer, sometimes it’s wise to be the petitioner instead of waiting on your spouse to do all the work.
Reasons You Should File First in Your Oklahoma Divorce
There might be advantages to your filing a decree first in your Oklahoma divorce to start the process. That decision is not something you want to take lightly, but if your spouse is certain and there’s no turning back, you can benefit from being the one to initiate the proceedings. Go to https://www.microdivorce.com/blog/15-questions-about-divorce/# for guidance on filing in Oklahoma. Some perks the petitioner might notice:
● Be the first to present their case at trial.
Most divorce proceedings settle without the need for a trial. In Oklahoma, the person that files the original divorce petition is the one who can present a case first.
That can sometimes give an advantage in that the court will receive their first impression, which is significant in everything undertaken. As a rule, dissolutions of marriages typically settle either by agreement between the spouses or through mediation.
It’s helpful to learn that filing first can be beneficial in a trial since it will give the audience your story and leave the initial impression that tends to stick with the court.
● ATIN or Automatic Temporary Injunction Relief
The law in Oklahoma places mandatory injunctions on each participant for divorce proceedings once there is a filing. The one filing is the person who determines when the ATIN takes effect.
The purpose is to prevent the spouses from invoking actions that might harm the estate, affect the kids or partners, or divest marital prosperity without an agreement among these spouses when the process becomes contentious.
● Fast Trial
Uncontested divorces have the potential for settlement within (10) ten days in Oklahoma state if there is no minor involvement.
That timeframe doesn’t begin until the petition filing. When children are a part of the decree, you can anticipate no less than (90) ninety days before the judge will finalize in this state.
● Reconciliations bringing a dismissal
The only one that can dismiss the case is the one who files. The suggestion is plenty of divorces in the region get set for dismissal since spouses either reconcile or express intentions to do so.
Suggestions for couples include marriage counseling noted to be an ideal resource if each person is willing to engage. The person filing has the power relating to whether withdrawal of the case is possible.
If you file first, there’s some benefit there if you want to attempt to salvage the marriage or make a move towards reconciliation.
The Fundamentals of An Oklahoma Divorce
In order to initiate divorce proceedings in Oklahoma, one person needs to file for a Petition Of Dissolution of marriage involving a cover sheet, and, in some cases, there will be a summons.
The petitions will offer facts about each person, including the grounds for the dissolution. Oklahoma as a state is no-fault, making the reasons for the divorce typically “incompatibility.”
Generally, those who file initially do so in the county where residency is established at no less than 30 days. Once there is a petition filing, if the other spouse is unaware of the soon-to-be ex’s intentions, the unaware spouse will receive a notice either by a county sheriff, certified mail, or a process server.
The ideal scenario is the spouses discuss the situation before filing, with the challenges worked out before there’s a need for a court date. If this doesn’t occur, hardship, anger, and stress that typically accompany a contested trial will ensue.
Uncontested divorces require less effort, paperwork, time, stress, and cost. If there are minor children in a case that’s uncontested, a couple can have finalization after roughly 90 days. For those without children, you could see the finalization in as few as ten days after filing. Check out detailed tips on uncontested divorces.
If a spouse doesn’t expose their intentions, instead waiting to disclose these by notification through the petition filing, it can be exceptionally hurtful for the soon-to-be ex.
But that doesn’t mean the two of you can’t still come to terms with an uncontested divorce, especially if there are kids involved. Neither of you wants to drag the process out through the trial system. That will allow the judge to determine what’s in the best interest of the parties involved.
You may have hurt that you’ll need to work on when everything is said and done, but, in the moment, it’s essential to find a level of compromise where you can work together to come to the best outcome for the better of everyone involved.