Divorce in Oklahoma: everything you need to know
This article will take you through what you need to know when it comes to getting a divorce in the state of Oklahoma. Or you can match with a financial advisor by answering a few questions below.
Summary
Oklahoma recognizes both fault and no-fault grounds for divorces.
The cost of divorce in Oklahoma can range from anywhere between $1,500 and $15,000 and above, depending on your situation.
To file for divorce in Oklahoma, you or your spouse must have lived in the state for at least six months before filing.
A financial advisor can help you protect your finances through a divorce and develop a long-term plan to rebuild afterward.
How much does a divorce cost in Oklahoma?
Divorce is a costly process, with how much you pay dependent on the type of divorce you opt for.
Uncontested divorces, where you and your spouse agree on all terms of the separation, are notably cheaper than a contested divorce, where you cannot agree on a resolution on key issues.
According to Cannon & Associates law firm, the average cost of a divorce can range from $7,500 to $15,000 for a contested divorce, while an uncontested divorce can cost between $1,500 and $3,000.
Some of the costs associated with divorce in Oklahoma include:
Filing fees: These can range between $150 and $300. In Tulsa County district court, the fee for filing for divorce with minor children is approximately $270.
Attorney fees: In Oklahoma, attorney fees can range from between $200 and $400 an hour. In contested divorces, attorney fees can go into the high thousands.
Additional costs: This can include costs for mediation, child custody evaluators, and other experts. These costs can add up, especially if the divorce is highly contentious.
To help minimize expenses, it’s recommended couples consider mediation to resolve disputes outside of court, opt for an uncontested divorce if possible, and gather all necessary financial documents beforehand to reduce the time their attorney spends on their case.
What are the different types of divorce in Oklahoma?
In Oklahoma, there are two main ways to navigate your divorce:
Uncontested divorce: Often referred to as a "waiver divorce," this type occurs when both parties agree on all major issues, including asset division, child custody, and alimony. Uncontested divorces are typically faster and less expensive because they require less court intervention and can sometimes be completed without either party appearing in court.
Contested divorce: This type of divorce happens when spouses cannot agree on one or more key issues. If you choose a contested divorce, you will have to go to trial, where a judge will make decisions on the disputed matters. These divorces are usually more time-consuming and costly due to the increased legal involvement and court proceedings.
What are the grounds for divorce in Oklahoma?
In Oklahoma, there are 11 grounds for a “fault-based” divorce. These include:
Abandonment for one year
Adultery
Impotence
If the wife becomes pregnant by another man while married
Extreme cruelty
Fraudulent contract
Habitual drunkenness
Gross neglect of duty
If either spouse is in jail or prison for a felony when the divorce petition is filed
If either spouse gets a divorce decree in another state, but that decree is not valid in Oklahoma
Insanity if the other spouse has been insane and institutionalized for at least five years, and three doctors, including the institution’s superintendent, agree on a poor chance of recovery. The filing spouse may still need to support the insane spouse financially.
How do you file for divorce in Oklahoma?
There is a series of steps you must follow to file for divorce in Oklahoma correctly.
Here's a step-by-step guide to help you understand the process:
Determine your eligibility: To file for divorce in Oklahoma, you or your spouse must have been a resident of the state for at least six months prior to filing.
Prepare and file the necessary documents: You must complete a Petition for Dissolution of Marriage form and file it with the court in the county where either you or your spouse live.
Pay the filing fee: You'll need to pay the filing fee. The cost of this will differ depending on your county.
Serve your spouse: This can be done through a process server, sheriff's service, or, in uncontested cases, by your spouse signing an entry of appearance and waiver of service.
Wait for a response: Your spouse has 20 days (if they are in Oklahoma) or 30 days (if they are out of state) to respond to the divorce petition.
Proceed according to the type of divorce: If your divorce is uncontested, you may be able to finalize the divorce without a court hearing. In contested cases, you'll likely need to go through mediation, temporary order hearings, and possibly a trial.
Finalize the divorce: Once all issues are resolved, whether through negotiation or court decision, the judge will sign a final decree of divorce, officially ending your marriage.
How are assets split in a divorce in Oklahoma?
In Oklahoma, the division of assets during a divorce follows the principle of equitable distribution. This means the court will divide assets in a way that is fair and not necessarily 50/50.
To do this, this court takes multiple factors into account, including:
The length of the marriage
Each spouse's income and earning potential
Contributions to the marriage (including homemaking and childcare),
The age, health, and needs of each spouse
The cause of the divorce
Other relevant factors
Assets often subject to division include real estate, retirement accounts, savings accounts, investments, and personal property like vehicles and furniture. Debts acquired during the marriage are also divided between the spouses.
Before dividing your assets, it's important to distinguish between marital property (assets acquired during the marriage) and separate property (assets owned before the marriage, gifts, or inheritances). Generally, only marital property is subject to division in a divorce.
How does alimony work in Oklahoma?
Alimony, also known as spousal support, is a financial payment that one spouse may be required to make to the other during or after a divorce.
In Oklahoma, alimony is not automatically granted. To be eligible for alimony, the requesting spouse must demonstrate a need for financial support and the other spouse's ability to pay.
The court considers several factors when deciding on alimony, including:
The length of the marriage
Each spouse’s income and earning capacity
The health of the spouses
The standard of living during the marriage
Contributions to the other’s education or earning capacity
When going through a divorce and if you need to pay alimony, consulting with a financial advisor is invaluable. They provide crucial insights into effectively managing your finances during and after the divorce, ensuring alimony arrangements align with your long-term financial goals.
What happens to children during a divorce in Oklahoma?
In Oklahoma, the welfare of children is a primary concern during divorce proceedings.
The state's approach emphasizes the best interests of the child, focusing on ensuring their well-being and maintaining stability.
Courts will look at various factors, including the desires of the parents and child (if of sufficient age) and the child's relationship with each parent when determining the custody arrangement and child support payments if required.
Oklahoma uses a formula to calculate child support, considering both parents' incomes, the number of children, healthcare and childcare expenses, and the amount of time the child spends with each parent. This ensures that financial support is fair and meets the child’s needs.
Get expert financial advice
A financial advisor can help you assess your current financial status, create a post-divorce budget, and develop a long-term financial plan that aligns with your needs and goals.
Unbiased can connect you with a financial advisor who meets your needs. Simply provide some details about what you’re looking for, and Unbiased’s platform will match you with your advisor.
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