The Oklahoma Divorce Guide
The Information You Need To Know
By Joshua C. Smith
Are You legally Married?
You are legally married in Oklahoma by ceremony or by common law. You are married by common law if you and your spouse are over 18 years of age, not married to anyone else, and acted like a married couple. To determine whether a couple should be considered married by common law, a judge will look at several factors. For example, whether a couple used the same last name, had a child together, told people they were married, leased property as husband and wife, or filed joint income tax returns. If you are married then the only way to end the relationship is through a divorce proceeding
“It is crucial that you seek quality legal assistance immediately to ensure the best possible outcome”
Types Of Divorce?
There are two types of divorce in Oklahoma. Contested and Uncontested. An uncontested divorce, also known as a waiver divorce, is for couples who have reached an agreement on all the issues in their case. This means they must agree on all complex issues such as property division, child custody, assignment of debts, distribution of retirement assets, child support, and spousal support. If the parties have any outstanding disputes on any of the issues in their case, they must file a contested divorce. A contested divorce is a complex litigation that can involve negotiations, mediation, or a trial.
Contested Divorce Procedure
A contested divorce starts with filing papers with the court. Then copies of the papers must be delivered to your spouse. If a spouse can not be located, then there must be published notice in a local newspaper.
If there are children, then there is a 90-day waiting period before you can get a divorce. In some counties you will be required to attend a class on the effects of divorce on children.
As soon as the petition for divorce is filed and served on the spouse, an Automatic Temporary Injunction goes in to effect. Neither party can sell or give property away, damage property, take money from bank accounts, or transfer money. You can use money you would normally use to take care of the household expenses and children.
Some counties require you to attend a parenting plan conference to work out details about the children during the divorce process. At the parenting plan conference, the parents will sign a temporary order agreeing on child care, visitation, budgets, expenses, and property. If you cannot agree, you will have to go to mediation or even have a court hearing. You can also request a Temporary Order for child support, living expenses, who pays the debts and who keeps which car or other property, until the final divorce decree. The temporary order stays in effect until the court enters a final divorce decree.
Uncontested Divorce Procedure
In an Uncontested Divorce or waiver divorce, the parties agree on all points before they even file paperwork with the court. This allows them to submit all their dissolution documents at once. The “waiver” part of the procedure refers to waiving service of process. In the United States, parties to a lawsuit are entitled to receive notice that they have been sued. In Oklahoma, a respondent can waive this notification by submitting a piece of paper to the court acknowledging that he or she has received the documents.
At a minimum, parties must file the following forms:
- Domestic Relations Cover Sheet
- Petition for Dissolution of Marriage (3 copies)
- Entry of Appearance and Waiver of Service (3 copies)
- Final Dissolution of Marriage Decree (3 copies)
Additionally, couples must file the following documents before the final hearing in their case:
- Marital Settlement Agreement
- Parenting Plan
- Schedule of Visitation
- Financial Affidavit (both parties)
- Child Support Worksheet and Custody Schedule
In uncontested cases, it is customary for the parties to file their marital settlement agreement, parenting plan, and other forms at the same time they submit the petition paperwork.
Once this paperwork is filed, parties without minor children must wait 10 days before the final hearing in their case. There is a 90-day waiting period for couples with children. Additionally, the majority of counties require parents to attend a special class that explains how divorce impacts children.
Property Division
Oklahoma is an equitable distribution state, which means that assets will be divided fairly, not equally. A judge will use their discretion to determine which spouse deserves what pieces of property based on how they contributed to the marriage.
The court can divide most of the property that you and your spouse acquired during the marriage, regardless of whose name it is in. If you and your spouse are not able to agree on how to divide your savings, furniture, cars, house, and other property, the court will make that decision.
The court can also return any separate property to its owner. Separate property is property either of you owned before you got married, or that you received during the marriage by gift or inheritance. The court will also divide the various debts of the marriage.
Divorce with Children
The court will decide who gets custody of any children born to you and your spouse, even if the children were born before your marriage. If you cannot reach an agreement on custody, the court will hold a trial and decide what is in the best interests of the children. Some judges will require you to go to mediation, where a neutral third person tries to help you agree. Sometimes, couples agree to joint custody, which means they both will decide together all major decisions affecting the children.
Usually, the parent who does not get custody of the children gets visitation rights. Visitation often provides contact with the children every other weekend, every other major holiday, and an extended time in the summer but visitation orders vary. If the parent without custody is considered dangerous to the children, the judge may restrict visitation, or require that it be supervised. Grounds for restricting visitation include drug use, abuse of the children, abuse of the other parent, and alcohol problems.
The parent who does not have custody is usually required to pay child support. The amount of support is based on the income of the parents. The court will also order the other parent to pay a part of the children’s medical expenses, health insurance, and day-care costs.
Alimony
Alimony is money that one spouse is ordered to pay to the other for support. Alimony depends on the length of the marriage, the need and income of the parties, and other factors. There are no clear guidelines on when a judge will order alimony, or how much the judge will order. The best way to find out about alimony is to speak to an experienced attorney.
The Law Firm of Joshua C. Smith has taken a modern and unconventionally approach to family law cases that has earned him national praise. Joshua C. Smith has the highest possible rating an client satisfaction. Contact us to see why Joshua C. Smith is considered the Oklahoma Lawyer
Hire An Attorney
The best way to ensure you get a fair resolution in your case is to hire an experienced Family Attorney.
The Law Firm of Joshua C. Smith has taken a modern and unconventional approach to family law cases that has earned him national praise. Joshua C. Smith has the highest possible rating in client satisfaction. Contact us to see why Joshua C. Smith is considered the Oklahoma Lawyer.