The process of getting a divorce is rarely a pleasant experience, even if you’re calling it quits on the best terms with your almost ex-partner. It’s no wonder why people usually try to get over it as quickly as possible. This article will tell you all you need to know about how quickly you can get a divorce in Oklahoma.
Filing For Divorce in Oklahoma: A Step by Step Guide
If you’re thinking about ending your marriage in Oklahoma, you need to know what steps you should take. Knowing your strategy can help you go through this process faster and with less stress.
Step 1: Meeting the Residency Requirements in Oklahoma
A divorce in Oklahoma is initiated by filing a petition. It should be filed in the county where one of the spouses has resided for at least 90 days. Additionally, one of the spouses must have lived in Oklahoma for at least 6 months before filing the petition.
Step 2: Stating the Ground For the Divorce
In Oklahoma, divorce is also referred to as the dissolution of marriage. According to 43 OK Stat § 43-101 (2018), couples can choose between no-fault and fault-based divorce grounds. The latter include the following:
- Abandonment for more than 1 year;
- Adultery;
- The insanity of one of the spouses for 5+ years;
- Imprisonment for a criminal conviction;
- Inability to financially provide for a partner;
- Extreme cruelty;
- Impotence;
- Regular and uncontrolled drunkenness;
- Wife’s pregnancy due to infidelity;
- Fraudulent contract.
In any case, the majority of couples in Oklahoma prefer to go with a no-fault divorce. You can simply state that you and your spouse are incompatible, and the marriage is irretrievably broken. Unlike with a fault-based ground, you will not have to prove anything in court by choosing this option.
Step 3: Prepare Your Documents
Filling out the paperwork is an inevitable step of any divorce process. In Oklahoma, the first thing you need to do is write a petition, which is a written request of the marriage dissolution. After you’ve done it, you become a petitioner, and your spouse becomes the respondent.
Once your petition is ready, you have to accompany it with the written declaration called an “affidavit.” This document’s only purpose is to state that all the information you have provided in your petition is true. If you’re a parent of any minor children, they must be listed in the petition, along with their home address over the past 5 years. Finally, you should file a Notice of Summons. It is a document that will later be served to your soon-to-be-ex partner, informing them when and where the court proceedings will take place.
Depending on your situation, you can either fill out the divorce forms online yourself or hire a professional to do it for you. Let’s see the pros and cons of each option.
Filling Out Divorce Documents Online: Pros
- It’s affordable. If you’re short on money and are looking for an inexpensive way to fill out your divorce forms, this is the perfect option for you. Now there are plenty of online divorce companies that can take care of your documents for just a couple hundred dollars. A good law expert would charge you at least four or five times as much.
- It’s fast. The waiting period of getting your paperwork done with these services usually doesn’t take longer than a couple of days.
- It can help you stay out of the court. If the relationship between you and your spouse has gone sour, you will probably favor the idea of keeping the number of face-to-face meetings with them to a minimum. By getting an online divorce and waiving your right to appeal, you may even be able to skip the obligation of appearing at the courthouse.
- It will give you more control over the process. By getting a divorce over the internet, you will know exactly how quickly your divorce process will take since you’ll be taking matters into your own hands. You’ll also be able to mainly control the cost of divorce by choosing an internet divorce provider you can afford.
Filling Out Divorce Documents Online: Cons
- Filling out divorce papers online is a great option for an uncontested divorce. But if you and your ex haven’t reached an agreement and can’t find common ground, it is best to consider hiring a lawyer.
- You may want your documents to be reviewed by a legal professional. It is rare for DIY divorce companies to have a lawyer among their staff to review the clients’ divorce documentation. So if you’re aiming for the application for divorce online, be extra careful not to make any mistakes.
A “do it yourself” divorce can be an excellent option for many people. Still, many individuals prefer to hire a divorce attorney.
Hiring a Divorce Attorney: Pros
- If you have kids, it’s a great chance to have them stay with you. An experienced lawyer can help you out with all child custody issues. They will consult you on all the child-related divorce forms and how you should properly fill them out to avoid problems in court.
- You have a property you want to divide. Property division is never an easy issue during a divorce. A professional attorney will make sure that the process goes smoothly and fairly.
Hiring a Divorce Attorney: Cons
- It’s expensive. It really is. No matter which divorce attorney you pick, it will be more costly than using a web divorce service. Even though you might have a little bit more confidence in your paperwork with a lawyer, sometimes it can also be an unnecessary expense you’d rather avoid.
Step 4: Serving the Divorce Forms
According to Oklahoma state law requirements, if a couple wants to get a divorce, copies of all the documents must be served to the other spouse. To “service” the documents, you can either use the sheriff’s department or hire a process server. In this case, you will be the one responsible for any filing fees that might apply.
Another option for you is to try and make a deal with your spouse to accept the service of the dissolution of marriage petition. If you’re having a no-fault divorce and don’t have any disagreements about spousal support or alimony – it might be a great option for you.
So How Long Will It Take?
For those wanting to end their marriage as fast as possible, there is good news. In Oklahoma, you can get it over with in as little as 10 days. This can happen when both spouses agree on getting a divorce, and it is uncontested.
However, if there are children involved, the waiting time can increase. If your kids are under 18, the court would have to wait for three months after you apply for divorce. But the waiting period can be waived if neither spouse has any objections to it.
You may also face some timing complications if the ground for your divorce is one of the following:
- Abandonment of one of the spouses by the other one for more than one year
- Cruelty
- Regular drunkenness
- Imprisonment
- Conviction of child abuse
- Insanity for 5+ years
Final Thoughts
How quickly you’ll be able to end your marriage after filing for divorce mostly depends on your relationship with your ex. Spouses who manage to agree on splitting up and chose “no-fault” grounds for divorce can often proceed without an attorney and complete divorce online. In Oklahoma, the overall time depends greatly on whether or not the couple has kids. Though, even so, if both parties agree on every step of the process, they can get divorced pretty fast.
