Filing For A Divorce
Halt | June 8, 2022 | 0 Comments

Required Oklahoma Divorce Forms To Get Started Filing For A Divorce

Each state has its unique divorce filing regulations and processes. This article will focus on the state of Oklahoma. Below are the top things you must know about Oklahoma divorce forms that you need to accomplish and filing for a  divorce petition (also known as “dissolution of marriage”) .

Required Divorce Forms and Papers

In order to file for divorce in the state of Oklahoma, certain forms are required. It is essential to have the appropriate Oklahoma divorce forms and papers in order to file for a divorce. Different circumstances call for different responses. The following is a list of forms that you might require:

Right Time to Divorce

  • Petition for Dissolution of Marriage Form
  • Decree of Dissolution of Marriage
  • Entry of Appearance and Waiver of Service
  • Qualified Domestic Relations Order
  • Custody Plan
  • Child Support Computation
  • Visitation Schedule
  • Emergency Custody Order
  • Temporary Orders
  • Application for Temporary Orders
  • Summons and Automatic Temporary Injunction
  • Relocation Order

Securing Forms and Other Paperwork

You can actually file a divorce without a lawyer. You have the option of representing yourself “pro se,” which is derived from Latin and means “for self.”  If you wish to handle your own divorce, you can request court-approved Oklahoma divorce forms from the court clerk’s office. You may be able to find certain forms by searching the internet, but you should verify if the local court approves them before using them.

Below are the four steps if you are filing paperwork on your own:

STEP ONE: Go to a Notary Public and bring the petition with you. Sign it and the affidavit, and then have the Notary sign and notarize the petition and the affidavit.

STEP TWO: Take the Notarized Petition, make three copies of it, and then take all of these copies to the Court Clerk in your County. Tell the Court Clerk that you need to File Your Divorce Petition and give them the copies of the petition.

STEP THREE: After you have submitted your petition, you are required to wait a minimum of one business day before you can let your spouse sign the documents that need to be signed.

If you have no children from this marriage, then the only documents you will need  your spouse to sign will be the following:

  • Waiver of Appearance
  • Decree of Dissolution of Marriage

However, if you have children together, there may be additional Oklahomo divorce forms that your wife needs to sign, such as an application to waive the 90-day waiting period, a child support computation, the joint custody plan, and any other forms other documents that may be required.

STEP FOUR: Today is the day that you appear before the Judge! Your court date should have been conveyed to you by now, either by the Court Clerk or the Judge’s secretary. Bring to your court date everything that you have not already filed with the court, including the Waiver of Appearance.

divorce process

On the other hand, if you opt to hire an attorney for your divorce case, then it will be a lot easier on your end. They will be the ones to evaluate your case and fill the file for you, and deliver the required documents.

If you are such a divorce couple who is not able to pay a lawyer to handle the entire lawsuit, you may search online and describe your situation. In this way, you can able to find an attorney who will consult with you for free or discounted legal aid.

Filing for a Divorce

There are two primary forms of divorce: uncontested and contested. The parties to an uncontested divorce agree on all divorce-related issues, including property distribution, alimony, and child custody. A contested divorce requires, on the other hand, is if one of the spouses disagrees on at least one issue and requests the court to determine the divorce’s issues.

Uncontested divorces, commonly known as “waiver” divorces in Oklahoma, are often quicker and inexpensive than contested divorces since there is no court dispute. Instead, the court merely has to consider and approve the marriage settlement agreement before issuing the divorce order.

Filing an Uncontested Divorce in Oklahoma

To initiate an uncontested divorce in Oklahoma, you must submit the following requirements:

  • Cover sheet
  • Petition
  • Waiver and Entry of Appearance (in case your spouse agrees with the waiver of service, you would not be required to serve them)
  • Divorce decree (proposed).

If a husband or wife files a divorce petition with the court, then it is already a contested divorce. In addition to a petition, a filing spouse must additionally submit:

  • Cover sheet
  • Summons and
  • Divorce decree (proposed).

Where to File

The district court may be filed for the divorce if:

  • the County in which the petitioner (filing spouse) has resided for the past 30 days, or
  • the County the respondent resides in at the time of filing (the non-filing spouse).

The Grounds for Divorce

Either “no-fault” or “fault-based” divorces are permitted in Oklahoma. The court does not need either spouse to show evidence that the other’s wrongdoings were the cause of the divorce if it is a no-fault divorce. In a divorce based on fault, one or both spouses must prove that the other’s acts led to the dissolution of the marriage.

Serving The Spouse

After filing the necessary divorce documents with the court, you will be required to “serve” (give) copies of everything that was filed to your spouse. You may serve your spouse using one of the following methods:

Divorce Attorney-1

  • personal delivery (process server)
  • personal delivery (law enforcement officer or the sheriff)
  • mailing by certified U.S. Mail with return receipt requested.

The server must be at least 18 years old and should not relate to both parties.

Fees in filing a divorce in Oklahoma

In addition to completing the proper documents, you must pay court filing fees to initiate a divorce. In Oklahoma, filing fees vary from County to County; thus, you must call the clerk’s court office to know the court’s filing fees where you intend to file. For instance, as of 2022, the filing fee for divorce in Oklahoma County and Tulsa County is $252.14.

You may petition the court to waive the filing fees if you cannot afford to pay them. You may seek a form from the court clerk or utilize the Pauper’s Affidavit prepared by Legal Aid Services of Oklahoma.

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