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Family Law
Filing for Divorce in Oklahoma PDF Print E-mail
Written by Legal Intern   
Tuesday, 16 February 2010 18:38
Filing for a divorce is different for each state. In Oklahoma, a verified Petition for Divorce must be filed in the district Court in the county where you or your spouse have resided for at least 30 consecutive days.

The Petition for Divorce must declare the appropriate Oklahoma grounds upon which the divorce is being sought. In Oklahoma, there are 12 grounds for divorce.

    Abandonment for one (1) year
    Adultery
    Incompatibility
    When the wife, at the time of her marriage, was pregnant by another that her husband
    Extreme cruelty
    Fraudulent contract
    Habitual Drunkenness
    Gross Neglect of duty
    Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed
    Insanity for a period of five (5) years
    Gross neglect of duty to support
    Impotency

After your petition is filed, a summons is issued by the Court Clerk notifying your spouse that the divorce has been filed. According to okbar.org, "Unless your spouse has singed a waiver, or is missing and service by publication is proper, your divorce papers will be turned over to a Deputy of the Sherriff's Office or a special officer appointed by the court to serve the papers."

Once the papers are served, the spouse has 20 days to file an answer, traditionally through a lawyer, in court.

Question and Answer for filing in Oklahoma:

Can I file for divorce without assistance of an attorney?

 

  • Yes, however, we would never recommend anyone to file without assistance of an attorney. Especially if there is any significant assets, debts or children.
  • If children are involved, you would need professional help for the best result. If you file without an attorney , be prepared to hire one later to correct the errors. We would help you in any way you need us to.

What documents do I need?

  • There is anywhere from ten to twenty other documents that may be required throughout the filing process.
  • Petition for Divorce and Decree of Divorce are the first documents you need.
  • A few of these other documents are: Domestic Relations cover Sheet, Verification Marital Settlement Agreement, Declaration Under the Uniform Child Custody Jurisdiction Act, and Notice of Final Hearing.
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