In Oklahoma, divorce petitioners review the requirements for filing a divorce action. These requirements begin with residency. Next, the petitioner must choose the appropriate divorce grounds. They must also create an agreement that is acceptable to them and their spouses. A local attorney explains to them How to file divorce in Oklahoma.
Establish Residency in Oklahoma
The petitioner must establish residency in the state of Oklahoma six months prior to starting the petition. They must be a resident of the county in which they file for at least thirty days before they file. Once residency is established, the state can establish jurisdiction over the case.
Choosing Divorce Grounds for the Divorce
The petitioner must choose either fault-based or no-fault grounds. No-fault grounds do not indicate blame on either side. Fault-based grounds require the petitioner to provide evidence to substantiate their allegations. For example, adultery requires evidence that shows clearly that a spouse had sexual relations with an individual that wasn’t their spouse. Impotency requires medical records that show that the husband possesses this condition. Extreme cruelty or domestic violence require police records showing evidence of an assault or attack on the spouse.
Equitable Division of Marital Assets
An equitable division of the marital assets provides each party with an equal share of the assets. The agreement must present an equal value based on all assets procured throughout the marriage. The couple must choose the assets they want and explore options for dividing the remaining assets.
Common Waiting Periods for a Final Judgment
The typical waiting period for a simple divorce that doesn’t involve children is sixty days after the documents are filed. If children are involved, the judge requires at least a ninety-day waiting period before the divorce is final. Select counties may also impose additional provisions such as parenting courses required for both parents to help the child transition to their new life after the divorce.
In Oklahoma, divorce petitioners follow the requirements for a divorce with an attorney. Their attorney ensures that the petitioner is eligible to file in the state. Next, they present options for the petitioner based on probabilities related to their case. Petitioners who need legal assistance contact an attorney right now.