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Requirements for filing an Uncontested Divorce in Oklahoma
To dissolve your marriage in the State Oklahoma, you or your spouse must have resided in the state (or been stationed there for military duty) during the six-month period immediately before you file. In addition, either you or your spouse must have lived for at least 30 days in the county where you file the petition for divorce. (Okla. Stat. tit. 43 §§ 102, 103 (2021).
No-Fault Ground for Divorce in Oklahoma
Oklahoma is a no-fault divorce state. That means that either spouse may seek a divorce because they do not get along with each other. With a no-fault divorce in Oklahoma neither spouse has to allege any wrongdoing, such as adultry, or drunkenness. The no- fault ground for getting an Oklahoma uncontested divorce is incompatibility. 43 OK Stat § 43-101 (2018)
For an uncontested divorce without minor children, there is only a ten (10) day waiting period before the divorce can be finalized. The ten (10) day waiting period begins to run on the date the divorce petition is filed in court. For uncontested divorces in Oklahoma with Minor children, Oklahoma statutes require a ninety (90) day waiting period before the divorce can be finalized. The (90) day period begins to run on the day the petition is filed in court. This waiting period can be waived by the court “for good cause,” if the opposing spouse has no objection. Okla. Stat. tit. 43, § 107.1 (A)(1) (2002).
Different Methods of Filing an Uncontested Divorce in Oklahoma
There are two different methods for getting an uncontested divorce in Oklahoma. The most common is where both spouses agree to the divorce and both spouses are willing to sign the divorce papers. This type of uncontested divorce is simple, straightforward, and requires minimal paperwork. Also known as the “waiver divorce”, this type of uncontested divorce is ideal because it can be finalized without the other spouse having to appear in court.
The other type of uncontested divorce is one where one spouse files for a divorce, and the other spouse doesn’t respond after being served. Also known as the “summons divorce”, this type of divorce can also be finalized quickly and without the other spouse signing any papers.
Divorce by Publication
An uncontested divorce in Oklahoma can also be accomplished by publishing a legal notice in the newspaper. This type of divorce requires permission by a judge before being allowed to proceed. If one spouse is unable to serve the other spouse through normal methods of service, the court will allow the filing spouse to conduct service by publication. This divorce is common for circumstances where one spouse cannot locate the other spouse, or where one spouse is intentionally avoiding being served with divorce papers. It generally takes anywhere from 4-6 months to finalize a publication divorce in Oklahoma.
Filing Fee for a Divorce in Oklahoma
In Oklahoma, one of the costs associated with filing for divorce is the filing fee, which is about $240. This fee must be paid to the court when filing the initial divorce paperwork. It is important to note that this fee is non-refundable, even if the divorce is not granted or if the case is dismissed. For individuals who cannot afford the filing fee, there is the option for waiving the filing fee, or reduced costs based on financial need. If the person filing for divorce is unemployed or on a fixed income, he or she may ask the judge to waive the filing fee. The form required to waive the filing fee is known as a “pauperis affadivit”. This form can be provided by the court clerk upon request. If using a service to prepare your divorce forms, you may need to request that this form be provided to you
Using Blank Oklahoma Divorce Forms
If you and your spouse have agreed upon the terms of your divorce, you may be able to file for an uncontested divorce using blank divorce forms. Unfortunately, the Oklahoma Court System does not provide blank divorce forms. However, you can purchase blank divorce forms for Oklahoma online. The forms that you need will depend on the specific circumstances of your divorce, but some of the most common forms include:
- Petition for divorce: This form is the formal request for a divorce.
- Entry of Appearance and Waiver of Service: This form is used when your spouse agrees to the divorce and waives their right to be served with the divorce papers.
- Marital Settlement Agreement: This form outlines the terms of your divorce, including how property and debts will be divided, child custody and visitation, and child support.
- Child Support Worksheet: This form helps you calculate the amount of child support that will be paid.
Once you have completed the necessary forms, you will need to file them with the court. You can do this in person at your local courthouse, or even through the mail. After you file the forms, you will need to wait for a judge to review your case and issue a final divorce decree. This process can take a few weeks or even months, depending on the backlog of cases in your county. In summary, purchasing blank divorce forms for Oklahoma is a relatively easy process if you and your spouse agree on all aspects of the divorce. Before filling out the forms, make sure you meet the requirements for an uncontested divorce in Oklahoma and understand the specific forms that you need. Once you have completed the forms, file them with the court and wait for the final divorce decree to be issued.