Oklahoma Divorce Lawyers

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A married couple might think of ending their marriage due to irreconcilable differences or fault grounds. When the couple are filing a divorce through mutual consent and have agreed on important issues such as child custody, child support, spousal support, visitation rights, property division, assets and liabilities division etc, then they might need help from a lawyer only for the filing of divorce papers and documentation of other legal procedures. When one of the spouse files a complaint and opts for a fault divorce, then the divorcing couple need the assistance of a knowledgeable lawyer specially working on divorce cases. Meeting several Oklahoma divorce lawyers and choosing the right lawyer is an important task during the divorce process.

Types of divorces handled by Oklahoma divorce lawyer

2 types of divorces exist in Oklahoma -

  • Absolute divorce
  • Limited divorce

The features of absolute divorce are as follows -

  • A judicial termination of marriage
  • Requires 6 months of residency in the state
  • Based on marital misconduct or other statutory cause during marital status
  • After the divorce, both husband and wife are treated as single

The characteristics of limited divorce are -

  • Also known as a separation decree or separation
  • Right to cohabitation terminates
  • After the divorce, both husband and wife are treated as married

Role of Oklahoma divorce lawyer in Waiver Divorces

A waiver divorce is another term for an agreed upon divorce or an uncontested divorce. In this type of divorce, both the spouses have to accede to all the aspects of the divorce including division of property and debts. If the couple has children, the support, visitation and child custody issues must have reached a consensus. When the partners are communicating respectfully and they agree to the terms of the divorce amicably, only then a waiver divorce is possible. It has been observed that when there are many complex issues or a complicated marital estate, such type of divorce is not pragmatic.

Ethically, in a waiver divorce, one lawyer cannot represent both parties. The party which retains the lawyer is represented and the other party has to proceed Pro Se i.e. in the absence of a lawyer. The role of the lawyer is to -

  • File the Petition for Dissolution
  • Draft the final Decree of Dissolution of Marriage
  • Draft all essential corresponding documents

The lawyer-client agreement indicates a flat fee structure. The Pro Se party may avail independent legal advice. If the parties fail to agree, then the case becomes contested and the lawyer levies an hourly billing.

Protection orders in this state

There are 3 varying types of protection orders mentioned as follows-

Emergency temporary protection order:

  • Issued by an officer of law, when the court is closed
  • May be filed without knowledge of abuser
  • Order is valid till the end of next day, when the courthouse is open

Emergency ex parte protection order:

  • Must be filed by the person (himself or herself) while the courthouse is open
  • Offers same autonomy and protection as the emergency temporary protection order
  • This order offers protection till the Final Protection Order hearing, which is generally scheduled within 20 days

Final protection order:

  • Can be granted after both sides have an opportunity to disclose their narration of the incident in a court hearing
  • This order can last up to 3 years

Grounds of divorce that the Oklahoma divorce lawyers handle

  • Adultery
  • Incompatibility
  • Extreme cruelty
  • At least one year of abandonment
  • Impotency
  • Fake contract
  • Habitual drunkard
  • Complete neglect of one's duty towards the other spouse
  • When the husband or wife gets a divorce from other state and the other partner was unaware about it. Due to such final decree of divorce, the spouse had filed the divorce in other state is single and the other partner is still considered as married
  • If one of the spouse is imprisoned in federal or state correction institution
  • Insanity for over a duration of 5 years

The Oklahoma divorce lawyers need to possess complete knowledge about the divorce process and different laws related to it. One needs to take right steps to find a suitable attorney who would first understand their case, then appropriately represent them during the divorce trials. When a person files a divorce, he or she needs to make sure that they file it under suitable divorce grounds. Just to finish the divorce proceedings quickly, one should not for uncontested divorce. Divorce due to grounds such as extreme cruelty should not be filed under uncontested divorce.

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