Uncontested Divorce in Oklahoma

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Two individuals marry each other while dreaming of a happy future. But not every married couple is able to live that dream. For many couples, their dream is shattered after a few years of marriage. They decide not to live with each other, but to leave each other. Thus they file for divorce and undergo tiring proceedings. In any court procedure, children and property distribution are the core issues. The divorcing partners desire that the life of their children should not be spoiled due to the breaking of family system. They also want their property to be fairly divided. In order to fulfill this need, they have to reach an agreement regarding the distribution of property, alimony, child support, child custody and visitation issues. Once they settle issues mutually, they are able to file for undisputed separation. This process has been gaining popularity over the past few years. Oklahoma in the South Central region of the United States accepts these kind of appeals. The state laws define procedures and requirements for an uncontested divorce in Oklahoma.

In Oklahoma, the Petitioner is the divorcing partner who files the action. The Respondent, as the name suggests, is the divorcing partner who offers a response to the action. The District Court of the county is the venue for filing the action.

It is imperative that separating partners possess meaningful knowledge about the common aspects of mutual dissolution. To help them, we have gathered some basic information about the paperwork, residency requirements, grounds for dissolution etc, as listed below:

Grounds for Uncontested Divorce in Oklahoma

General grounds

  • Gross neglect
  • Wife pregnant due to person other than husband at the time of marriage
  • Habitual intemperance
  • Fraud
  • Inhuman and cruel treatment
  • Confinement for incurable insanity for 5 years
  • Abandonment for a year
  • Adultery
  • Impotence
  • Foreign court decisions not recognized in this state

No-fault grounds

  • Incompatibility

Residency requirements of Uncontested Divorce in Oklahoma

  • One or both the divorcing partners must be resident(s) of this state for 6 months prior to filing.

One of the below mentioned counties are selected for filing the action:

  • County wherein the Respondent resides.
  • County in which the Petitioner has resided for minimum 30 days.

Important Forms required for Uncontested Divorce in Oklahoma

  • Decree of Divorce: This form signifies that the marriage is legally terminated. The court has to sign this form.
  • Notice of Final Hearing: This document is provided to the Respondent, once the hearing is scheduled.
  • An Entry of Appearance and Waiver of Service: If the Respondent decides to waive service of process, this form is filed.
  • A Child Support Worksheet: This form consists of calculation of support on the basis of state guidelines.
  • A Child Support Schedule: This form is related to child support, when it is applicable.
  • Financial Affidavits of the Petitioner and the Respondent: A mention of all the finances of both divorcing partners is made in this form.
  • A Marital Settlement Agreement: This form comprises of the terms and conditions of the distribution and division of marital property.
  • Verification: This form fulfills the intention of authentication of the Petition.
  • An Automatic Temporary Injunction Notice: This form commands the partners to avoid the following:
    • Removing minor children from the state
    • Dissipation of marital assets
    • Harassing each other
  • A Petition: This is used for identification of the parties and stating the relief that is sought.
  • A Domestic Relations Cover Sheet for the Petitioner and the Respondent: The profiles of the divorcing partners in the action are included in this form.

Duration of Court Process

In an uncontested divorce in Oklahoma that does not involve minor children, it is possible to finalize the case in almost ten days from the date of filing of the petition. If minor children are involved, there is a waiting period of 90 days between the filing date of the petition and the date on which termination can be granted by the court.

When you are going for an undisputed dissolution, make sure that there are less chances of any fight in the courtroom. Try to resolve all the ongoing issues along with your partner. Don't forget to manage your own finances safely. If you are a parent, think of your child's well-being first and then come to any conclusion. It is known that parents have better knowledge than any court regarding their children's future and thus can make better decisions. This piece of advice is equally applicable for couples willing to fight an uncontested divorce in Oklahoma.

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