How to File for No Fault Divorce in Oklahoma - State Requirements and Documents
You are in control of the division of your assets and debts. You can create a custody and visitation plan that works for your family.
The process can be completed much more quickly. It is possible to avoid the anger and hard feelings that often occur during a trial.
If you have been married a very short time, you don't have any children and you don't have many debts or assets then doing your own divorce may be an acceptable choice. C arefully read the fine print before you decide to use one of the "services". Many of these services are not provided by attorneys.
In Oklahoma only an attorney licensed in this state can provide legal advice. If you choose to use a "service" you are truly on your own and it is your responsibility to understand your rights and the legal consequences of your final Decree. If you make a mistake it may be very difficult or even impossible to fix after the Decree of Divorce is filed.
I f you have been married for more than a few months, if you have children, if you have martial assets or debts or if you are not sure you understand all of your legal rights it would be in your best interest to have an attorney advise you and draw up your paperwork. Often the cost of using an attorney for a consent divorce is not much more than using a "service" and it is a small price to pay to make sure your Decree of Divorce reflects your intent. Do I need my own attorney if my spouse's attorney is willing to prepare the uncontested divorce documents?
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It is generally a good idea to hire your own attorney to at least review the documents prepared by your spouse's attorney so you can be advised on your rights before you sign and the divorce is finalized. If your spouse files a Counterclaim to the Petition for Dissolution of Marriage which disputes various aspects of the Petition, then the court will likely have to step in and make decisions regarding contested issues. The court will issue summons to both parties to attend a hearing, which will identify disputed issues, and if you and your spouse cannot come to an agreement, you will proceed to a trial.
If you and your spouse cannot agree on the major issues in how your marriage should be dissolved, you will probably need to hire an attorney to represent you in this complex divorce proceeding. If you and your spouse can agree to a settlement prior to going to trial, it will dramatically reduce the cost related to the divorce and minimize stress to you and your family.
That is why you should do everything you can to resolve any major conflicts with your spouse prior to beginning the divorce process. The state of Oklahoma offers couples who are considering a divorce the opportunity to use Alternative Dispute Resolution services. Mediators are independent, conflict resolution professionals with expertise in resolving personal issues.
Although they may not have the legal authority to force a couple to remain married, mediators often produce compromises that minimize animosity and expedite the divorce process. A court may appoint or recommend a mediator before or during a divorce proceeding. In cases where you and your spouse cannot agree on major issues, the judge will schedule a trial that could go on for several days.
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The major points of contention in most divorce cases involve issues of property division, child custody or spousal support. If you and your spouse fail to come to an agreement on these issues, you should know how Oklahoma courts often rule. Oklahoma bases its property distribution upon the principle of equitable division, which allocates property fairly but not necessarily equally. Oklahoma courts consider many factors when dividing marital property separate property is owned before the marriage and is usually not at dispute including:.
Once the marital property and debts are identified, they are assigned a monetary value, usually by an independent appraiser. Even the most common family law issue can be intensely stressful. A knowledgeable family lawyer can guide you through the process.
How to File for Divorce in Oklahoma | Rocket Lawyer
Take the first step now and talk to an experienced local family attorney. Common Searches. The petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, in Oklahoma, for six 6 months immediately preceding the filing of the petition.
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