Divorce laws differ by state. This means the way you file for divorce in Oklahoma differs from how you file in other states.
There are a lot of similarities in the process of filing for divorce. But divorce laws are not set by the federal government. Each state sets how this process works for residents of the state.
No matter where you live, however, divorce usually accomplishes two things regardless of where they live: ending the marriage and splitting assets/debts. In this article, you’ll learn how to file for divorce in Oklahoma.
How To File For Divorce In Oklahoma
Meet The Residency Requirements
Before you can file for a divorce in Oklahoma, you first need to meet the state’s residency requirements.
The residency requirement in Oklahoma to file for a divorce is that one of the spouses must be a resident of the county they file in for at least six months. Another way to meet the residency requirement is if one of the spouses is a member of the military and is stationed in Oklahoma.
Preparing Your Forms
The second prerequisite requirement to be able to file for a divorce is to prepare the forms that the state requires. The first form to complete is the Complaint for Divorce form.
Depending on the county where you or your spouse live, you may require additional forms. You may also have grounds for divorce or not.
You can file for a divorce on the following fault grounds:
- Intentional Desertion or abandonment for a year
- Adultery
- Was pregnant with another person’s child while married to you
- Abuse and cruel treatment
- Impotence
- Alcohol abuse
- Insanity with at least 60 consecutive months or five years confinement in a mental institution, hospital, or other institution because of insanity
- Felony conviction
- Neglect of duty
- If either spouse gets a divorce decree in another state, but that decree is not valid in Oklahoma
Oklahoma is also a no-fault divorce state. A no-fault divorce can be filed by stating that the marriage is irretrievably broken.
Filing For A Divorce
You will file for the divorce in the county’s courthouse, where one of the spouses resides. When filing your forms, you are required to pay a court fee.
The average filing fee in Oklahoma ranges from $183 to $253. If you cannot afford the filing fee, you may ask for a fee waiver.
If you are the supposed defendant and your spouse filed a divorce against you, you need to respond as quickly as possible. Otherwise, your spouse can get a default/uncontested divorce.
Serving Your Forms
You can serve your spouse the divorce complaint in multiple ways. Four of the most common methods are through a:
- Sheriff deputy
- Private process service
- Person involved in your case at the age of 18 of over
- Clerk mailing the documents through a registered U.S. mail
But if your spouse is in jail, deployed in the military, or you cannot locate them, you may have to try another way of serving your forms. You can check with the court clerk about service in these situations.