How to File a Divorce in Oklahoma
Filing a divorce case can become a hassle and a long process. If you are from Oklahoma, here is how you can start with filling your claim:
Filing a Divorce Case
Dissolution of marriage, or commonly known as divorce, is the legal termination of the marriage. If you are the one filing the divorce, you are called the “petitioner”, while the other party is the “respondent”. Here the steps to follow when filing your petition.
- Hire a divorce lawyer.
It is vital that you contact a divorce lawyer before everything else who can help you with the process. There are times where these lawyers, especially the best, can handle the entire case for you, and you do not have to do anything except show up. Your divorce lawyer must be able to explain to you the step by step of the case, assist you with the petition, and help you build a strong case.
- Assess the requirements.
The state of Oklahoma already permits “no-fault” divorce petitions, which means grounds are no longer required. However, proof that there were irreconcilable differences within the marriage is needed. Examples of grounds for divorce are a year of abandonment, cruelty, adultery, incompatibility, gross neglect of duty, etc.
For the petition to be accepted by the state’s district court, either one of the two parties must be a legitimate resident in Oklahoma for at least six (6) months. These conditions vary from state to state.
- Write the petition.
The process starts with the petition. The spouse who wants to initiate the divorce has to write a document that states the names of the two parties and their children, their residency, the grounds for divorce, and the petitioner’s proposed conditions for the settlement.
- “Application for Temporary Orders”
Arrangements on spousal support, child support, visitation, property division, and other financial matters that have to be temporarily settled while the divorce case is ongoing are stated on the “temporary order”.
- Submit the petition.
The petition and the other supporting documents are then submitted to the state court and served on the other spouse or the respondent’s party. The respondent has 20 days to respond to the petition, or he or she losses the rights to the case.
- Proceedings
If parties are with settlement
The best-case scenario is both spouses have agreed on the conditions of their divorce. They can then proceed on the “settlement agreement” and the divorce decree to finalise everything. Mediation, where the couple appears before a mediator or a neutral third-party attorney to arrange settlements, are encouraged.
If parties are disagreeing
If there are disagreements about the settlement offer, the case will then proceed with the hearings and trials. Each party’s lawyer has to present their case before a judge and provide evidence on why they should be favoured. The judge or the jury then has to decide on the divorce’s terms and how the arrangements will be. Filing an appeal to the judge’s ruling is allowed.
Find the best divorce lawyer in Edmond, Oklahoma.
For you to ensure that the results are favorable to you, make sure to hire the best divorce lawyer Edmond Oklahoma has. Find a divorce lawyer that has high credibility and years of experience. Fortunately, most legal firms offer “free case evaluation”, where you can consult with them first to know how they will handle the case and what they can do to make the process easier for you. Contacting multiple firms allow you to have more options, so you know that you are settling with the best.