In addition to strict eligibility requirements, Oklahoma has a specific process you must follow when filing for divorce. While the process is relatively simple, it varies based on whether you share children, whether the divorce is contested, and other factors. Additionally, all the legal paperwork you have to complete can be tedious and intimidating.
From deciphering the unfamiliar civil cover sheets to figuring out which forms to fill out and where to file them, it's easy to feel lost. Working with a knowledgeable, caring, and take-charge divorce attorney can provide peace of mind and ensure that things are done correctly and in a timely manner, from filing to finalization. Divorce can be difficult. Don't go it alone.
Skilled Tulsa Divorce Representation
Diana Cupps has been a helper and a problem-solver her entire life. Before becoming a divorce attorney, she served in the Army and spent years working as an emergency room nurse. Now, as Diana the Lawyer, she helps clients in Jenks and throughout Oklahoma make sense of the divorce process and fight for the settlements—and the respect—they deserve. Diana is able to adeptly guide clients through divorce, not just because she's a skilled attorney, but because she's been through difficult divorces herself. She came out the other side even stronger—and she's dedicated to helping clients do the same.
What to Know Before You File
To qualify for an Oklahoma divorce, you or your spouse must have been a resident (or stationed at a military base in the state) for at least six months. Once you've met the residency requirements, you can decide whether you're filing for an uncontested or contested divorce, which can affect the forms you'll use, how long your divorce takes to finalize, and how much it costs.
Filing for an Oklahoma Divorce
Here's what you need to know about filing for divorce in Oklahoma and how Diana the Lawyer can assist you.
- Identify and complete the appropriate civil cover sheet. This form asks for information about you, your attorney, the defendant (your spouse), the type of case, whether a summons is required, and how it will be issued.
- Complete the divorce petition. You may need separate forms, depending on whether the divorce is contested or uncontested and involves minor children.
- Draft a divorce decree. This document outlines the terms of the proposed settlement agreement. Even in an uncontested divorce, working with an attorney is vital to ensure your rights and interests are protected.
- Complete the summons. Filing a summons serves your spouse with divorce papers and also triggers an automatic temporary injunction. A summons may not be necessary in an uncontested divorce if your spouse signs an Entry of Appearance and Waiver. Have questions? Talk to Diana about your divorce.
- Take multiple copies of your divorce paperwork to the county courthouse. Go to the courthouse in the county where you've lived for the past 30 days or where your spouse currently lives.
- File the paperwork with the court clerk. This includes the completed civil cover sheet, petition, summons (if applicable), and proposed divorce decree. The clerk will keep the original petition and give stamped copies back to you. You'll also receive the original summons; keep it for your records.
Fault-Based Oklahoma Divorce
While most divorces are no-fault divorces citing incompatibility, the state recognizes a wide range of grounds for fault-based divorces, including adultery, impotence, abandonment for at least a year, impregnation of the wife by another man, fraud, extreme cruelty, habitual drunkenness, imprisonment for a felony, and insanity for a period of five years.
Filing for fault-based divorce can be tempting; you may want to tell the world and the court exactly how your spouse wronged you. However, fault-based divorce rarely offers a legal advantage and requires providing evidence to prove your spouse was responsible for the marriage's demise. This complicates the divorce process, causing it to last longer and cost more.
Combat-Trained and Trial-Ready Divorce Counsel
Ready to find out what Diana the Lawyer can do for you? Our Veteran-owned business stands ready to serve. Complete the contact form or call 918-605-4826 to schedule an appointment for a confidential divorce consultation.