Completing a failed marriage is no less important than arranging a wedding itself. It is said that marriages are arranged in heaven. However, the property and obligations are divided on the Earth. In this brief review, we will share helpful information about how to complete a divorce in Oklahoma to leave all of the troubles aside and on paper only.
Divorce
What Is a Divorce from a Legal Standpoint?
A divorce – that is also known as a “dissolution of marriage” – is an act formalized by a court decree, confirming a valid marriage no longer exists. Both spouses are free to remarry afterwards.
In Oklahoma, there is a “no-fault” conception of divorce, meaning that each spouse is entitled to seek the termination of their marriage without assuming the fault of the other spouse.
When it comes to property division, the general rule states that it should be divided equally between the spouses. However, the requirements of the “50/50” rule may be waived in certain instances.
Grounds to File for a Divorce in Oklahoma
In general, there are 12 grounds for divorce in Oklahoma. However, only several are widespread and commonly used:
- incompatibility
- adultery
- gross negligence of duty
- extreme physical or mental cruelty
In the vast majority of cases, incompatibility is deemed to be sufficient to file for a divorce. Although there may be other grounds, you may be required to prove them if the other party argues on the matter.
How Long Does It Take to Divorce?
If there are no arguable matters, a divorce can be easily completed 10 days after filing a petition. If your spouse agrees on the matter, it is necessary to complete and submit a respective waiver to a court. However, this is not the case if you have minor children.
If you have minor children with your former spouse, you have to wait a 90-day period after the date of service of summons, an entry of appearance by the other spouse, or the first date of publication, whichever occurs first. This waiting period may be waived only in a limited number of cases. However, if your spouse contests an action, a divorce may take much longer than 90 days.
Why Is It Important to Involve the Attorney in the Process?
Apart from the situation when your spouse involves an attorney in the divorce process (you should do the same), there are also many other reasons in favour of this decision.
1. Legal expertise and experience
Most often people lack expertise in various legal issues. Proficient lawyers effectively cover these gaps enabling the sufficient protection of the rights and interests of the clients.
This is especially valuable when you face some complex situations, emotional tension, or even malicious behavior. In these cases, it is always better to have someone on your side to make more informed decisions and follow all of the legal proceedings properly.
2. Filing divorce papers
This is one of the most complicated issues during any divorce. It envisages accurate and precise documentation filing. A professional lawyer will easily save your time and decrease the risk of mistakes by completing all the necessary paperwork effectively.
Another good example is signing any papers your future former spouse asks you to sign. Without full awareness of your rights and obligations, you can make mistakes you will regret in the future. Overall, any mistake or misunderstanding during the divorce proceeding may cost you a lot in the end.
3. Less stress
Professional attorneys approach each case with peace of mind. They are focused on the client’s interests and remain objective regarding all the circumstances of the case. An attorney will help you to avoid rush decisions providing sound advice and sufficient representation instead. Once you experience less stress and tension, you may easily focus on rebuilding your life.
4. Effective negotiations and mediation
Before you bring your case to court, it may be reasonable to settle it substantially. This will help both spouses since the solution they find together is typically more beneficial for them than one a court finds.
Professional attorneys help to reach mutually beneficial decisions amicably. Effective mediation always helps to get rid of emotions and ascertain the right solution with peace of mind.
5. Help with arranging the child custody and support
Children should not suffer from adult legal battles. However, child custody and support typically appear among the most emotional issues to settle.
Professional attorneys help parents understand the applicable family laws correctly and agree on the custody terms in line with the child’s interests. Lawyers also help to alter the custody plan amicably and calculate the amount of the payments due.
6. Custom solutions overall
There are no divorce cases that are the same even if the grounds coincide. Each situation typically involves unique challenges to overcome. Most often, they are centred around child custody and property division. Professional attorneys help to approach and address each challenge effectively, protecting your rights and interests maximally.
When Divorce Is Final in Oklahoma?
The divorce is final at the date when a judge grants it and the respective decree is filed in a court. It is also important to note that you and your former spouse may reconcile 6 months after your divorce by filing a joint application. Before this 6-month period lapses, it is not allowed for any spouse to remarry.
Bottom Line
Marriage is an important milestone in any person’s life. Divorce sometimes has no less value. Attention to all of the details of the process will help you move to the next chapter of your life smoothly, provided that you follow simple advice.
Don’t neglect to involve a professional attorney in the process, especially when your spouse asks you to sign something. Prior consultation with a qualified lawyer is essential to be fully aware of your rights and avoid taking excessive obligations or losing anything from the joint property.
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