Breaking up is hard on every possible level. On top of the emotional turmoil, soon-to-be ex-spouses have to deal with new arrangements and adjust to new family routines. Handling the legal formalities may seem like the proverbial last straw that breaks the camel’s back.
But is it? In fact, each US state has a selection of options for divorcing couples to accommodate different family situations, budgets, and timeframes. Let’s see what steps couples have to take to prepare for getting a divorce in Oklahoma.
Step 1. Organize Your Legal and Financial Documents
Before you start acting, you need to know where you stand. Gather all the documents you will need to apply for a divorce, including personal information on you, your spouse, and your kids and legal documents for all the assets. You will use the data to file a divorce petition plus all the other forms, submit a marital settlement agreement, and make full disclosure of your assets and liabilities.
Usually, full financial disclosure is required by the end of the divorce proceeding. Other documents needed to file the paperwork include copies of past marriage and divorce certificates, descriptions of current childcare arrangements, complete information on each biological or adopted child, prenuptial or postnuptial agreement, separation agreement, etc.
Also, the petitioner (the filing spouse) has to provide proof of residency as Oklahoma allows filing for divorce only to residents who have lived in the state for at least six months and in the county for at least one month.
Step 2. Understand the Divorce Process in Oklahoma
When you know the options available to you, you can make the best choice. Here’s what’s available to every divorcing couple in Oklahoma.
Option 1. Contested Divorce
A contested divorce is when one spouse doesn’t agree either to the divorce or the divorce terms. In Oklahoma, grounds for divorce include abandonment, drunkenness, adultery, impotency, insanity, imprisonment, abuse, and failure to provide financially.
Having a contested divorce is never quick and always expensive. Each spouse hires an attorney, and it takes time to attend court hearings. Furthermore, if spouses cannot agree, they have less control over final decisions as the judge will decide for them.
Option 2. Uncontested Divorce
An uncontested divorce is more flexible as spouses go to court with a settlement agreement they reached independently or with legal assistance.
Usually, spouses filing for uncontested divorce use no-fault grounds when filing, meaning that neither spouse blames the other for the marriage breakdown.
In some cases, when spouses don’t have much marital property and children together, they choose not to hire a lawyer and have a Do-It-Yourself divorce.
Option 2b. DIY Divorce
A DIY divorce is an option for spouses having an amicable dissolution of marriage. Practically, it means that spouses have no trouble deciding on custody, support, and distribution of assets.
If that’s an option for you, you fill out the court forms yourself, sign and notarize them together with your spouse, and file them at the courthouse.
These days, it is possible to complete an application for divorce online if the case is uncontested. When selecting a web divorce company, choose one that offers reliable services.
After you complete an online questionnaire, the Internet divorce service, also referred to as online divorce, will send you the completed court forms ready to print out and sign. Now you can file for divorce without an attorney.
Step 3. Prepare Your Finances for Divorce
Before choosing between a DIY divorce and legal representation in court, see what you can afford. The cost of divorce can notoriously get out of hand, even if spouses don’t hire legal teams. Mediation, property appraisals, and paid services of financial planners will increase the price tag for a divorce.
The bulk of divorce-related expenses, however, are legal fees. A retainer for Oklahoma lawyers will start from $2,500 to initiate a civil case like divorce, and then an hourly rate is added. Legal representation rarely goes under $5,000 per spouse in a contested divorce.
As for an uncontested process, lawyers offer flat-fee monthly payments, upfront retainers, and drafting services at a set price. For example, drafting the paperwork can cost $500, while asset and debt division can cost $1,250. At the same time, the services of online platforms for preparing documents for an uncontested divorce can cost half the price.
Oklahoma divorce filing fees range from $242.14 to $272.14. Low-income families can obtain a fee waiver if they meet the requirements.
Process service to deliver the divorce papers to the respondent and other court fees should also be factored in.
Step 4. Decide on Separate and Marital Property
The property is not only real estate. It is anything valuable that an individual owns. When spouses get divorced, they have to distribute everything they have owned together and separately. Bank accounts, cryptocurrency holdings, health savings, pension, insurance plans, land, houses, vehicles, personal items, and pets are split 50/50 in Oklahoma.
Couples that have extensive property may consider hiring a financial advisor. How much you pay in taxes depends on your divorce settlement. What is more valuable – a savings account or a joint pension account – is a question for your financial planner to answer.
Step 5. Make Child Custody Arrangements
Quickly agreeing on a custodial split is the best thing that divorcing parents can do to compensate for any inconveniences the entire family is experiencing during a divorce.
To avoid going to court hearings, parents should decide where their child will live, how they will share their financial obligations to support their child, and how much time the child will spend with each parent.
If parents cannot agree on custody arrangements and visitation, they should try mediation before taking their case to court. A mediator will help spouses reach a parenting plan, which they will then submit for the judge to review.
Difficult but Doable
That’s it. Filing and completing the procedure for divorce in Oklahoma can feel like ages but take one step at a time, and it will be over soon.
After spouses file all the forms, they attend a court hearing. If the paperwork has no errors and all the terms are fair, their divorce is finalized.
In case of any difficulty with the divorce process, spouses can get help. Divorce documents preparation services help spouses complete their divorce paperwork online. Mediation helps resolve disagreements between spouses. The judge gives a final ruling if spouses cannot make up their minds.
