OKLAHOMA DIVORCES no longer may be granted on the basis of adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart. Most divorces are now granted on a no-fault basis where the marriage is beyond irreconcilable repair and incompatibility. Annulments are rarely sought, and granted, and are under limited and very specific circumstances. 

A VERIFIED PETITION is filed in the county where either party has resided for at least 30 days. In order to get a divorce a married-person must file a Petition for Dissolution of Marriage. (NOTE: Furnishing a filled-in cover sheet may or may not be required by the court clerk – each county varies, but fill one out anyway – you might impress the court clerk!)

Oklahoma requires that you live within the state six months and reside within the county for a period of 30 days, prior to the filing the petition for dissolution of divorce.

 If you don’t want a SUMMONS issued by the court clerk ($10), and served on the unwanted partner/spouse, a WAIVER OF SERVICE AND ENTRY OF APPEARANCE can be signed and notarized by the unwanted partner/spouse (NOTE: A waiver does not give up the rights of the signer it only relieves him/her being served a summons. It’s filed at least 1 day after the petition is filed. The waiver is the best way.) Good start to keep things amicable!

However, if you like the element of surprise and the embarrassment, then have the unwanted partner/spouse served a summons by a process server or deputy sheriff… at their work! Other ways to serve someone divorce papers are by certified registered mail, or less desirable is by publication if you truly do not know where he/she is. If you do service by publication, check to make sure you don’t give up rights such as child support (as it is in the State of Missouri) or any other unknown thing. The courts may grant a divorce upon a single party petitioning the court regardless of whether the opposing party chooses to participate. 

Many states and counties now have online help at its court’s website. It is frequently set up to help the parties to go through the steps of child custody and the divorce without an attorney. Believe it or not – there are a lot of people that simply cannot afford the costs of an attorney and to fight custody battles. All too frequent the parties are left financially devastated and move in and live with a family member. 

You probably need to hire an attorney unless your divorce is uncontested. An attorney is necessary with minor children to ensure that your custody and visitation rights are properly established. You could end up paying in the long run when you thought you had “it” covered then to find it wasn’t!!

OKLA. COURT FILING FEES:

PETITION for divorce and legal separation with minor children, with summons: $191; without summons: $186; and if you go pro se (without an attorney) it’s $176.

PETITION for divorce and legal separation without Minor Children,  with summons: $191; without summons: $186; and if you go pro se it’s $176.

PETITION – Paternity, with summons: $133; without summons: $128; and if you go pro se (without an attorney) it’s $176.

ATTORNEY FEES & COURT COSTS can mount up quickly in divorce especially in heated custody battles, alimony fights, establishing income (although each case is different and varies depending on the circumstances involved in each matter). Give it up! Oklahoma is a 50/50 state and in the end the judge still makes it 50/50. So figure the economy of the fight because the attorney will win every time!

A divorce is granted upon conclusion of a your case either by trial or by agreement. In most instances you will have to go to court on at least one occasion. However, not all cases go to trial nor do they always have adversarial proceedings.

You can restore your maiden name with the divorce decree. But cannot change a minor child’s last name without express permission or leave of court.

Oklahoma imposes a 10-day waiting period before a divorce without minor children can be granted. A 90-day waiting period with minor children before divorce is granted. However, each case is unique and the time frame from beginning to end of any given case varies. If you have an attorney then the waiting periods are most of the time removed.

If you are divorced with minor children and plan to move more than 75 miles away from your primary residence, you must give a 60-day written notice of your intent to relocate to the other parent. It does not matter if you are the custodial parent or non-custodial parent. This is a requirement by the State of Oklahoma and it should be defined, per the statute, and put in your Parenting Plan.

You cannot remarry within the state for a period of 6 months after your divorce is final. 

Maintenance in Oklahoma is based upon two factors: the party seeking maintenance must prove that they have a demonstrated need for payment of maintenance to the court and the party they are seeking maintenance from must have the ability to pay.

Oklahoma IS NOT a COMMON LAW state! To prove common law marriage, there are certain requirements that must be met in order for the court to establish a common law existence. Did you file joint tax returns for several consecutive years? Did you have a joint checking account and mix your finances? Did you reside together? Do you have children together? Did you purchase and mortgage a house together? (Man! Why bother?? You might as well have been married because to split up you will have to divide assets anyway and have some kind of an agreement – it is not easier than a divorce – probably worse because you could lose a lot!) Proof is in the pudding!