Oklahoma Divorce Forms - What to Know and Where to Start
In any type of divorce, in order for it to become successful, one must prove to the judge that there are viable grounds for the request. In the USA there are many reasons for divorce, from spousal abuse to financial disagreements, and combability. Incompatibility is one of the common ones and if at least you or your spouse is willing to testify that you do not get along with each other and you want a separation, then the process can take place.
There are however some grounds before you can file for a divorce. Some of these are mentioned below as well as what you should know and where to start the process.
The Procedure for Divorce – Where to Start
One of the key things to be able to file a report is that you must have residency in Oklahoma for more than 6 months before you can file anything divorce-related. Also, you need to file the paperwork in the same county that your spouse lives in. The procedure for getting a separation need not be so complicated, as long as both wife and husband or both partners are willing and agreeable to everything that’s on the table.
To start the process you need to get the proper paperwork from the clerk’s office at the courthouse in the same county or from a mediator’s services who can provide you will all the necessary forms; click here for divorce forms. After which you will have to make copies of everything and deliver or drop off the papers to your partner to sign, and this is done only after 24 hours of the filing, a very important part of the process to follow so that you avoid any delays.
What Else You Should Know
For those who have children, they need to wait for 90 days before they can get separation and, in some states, or countries you are required to attend a training session on why divorce is bad for children and the effects it may have on them and how to combat this. Once you have done the filing and sent your request to your spouse an automatic injunction takes effect. This is a type of civil contract, and further information regarding it can be found online.
Once this takes place neither party can sell anything from the house, including the house, or any of its possessions, or give it away to a third party. Neither can you transfer any money or withdraw large sums of it, however, you can continue to pay your bills and use the money as you normally would pay school fees or grocery shopping and amenities for the family and the house.
Other events you may need to attend are the parenting conference planning events where important details about the children are discussed and decisions are made regarding their well-being. Items such as child-care, expense, visitation rights, budgets, school fees, etc. are all discussed with a legal advisor.
At which point you (the filer) can also request a ‘Temporary Order’ for living expenses and child support. As well as who will be paying the bills and if there is more than one vehicle who gets to keep which one if it is not already decided, all these decisions are made until the divorce decree is finalized.
To file for one of these there not necessarily needs to be large amounts of expenses. Some people can get a divorce for free via the right routes, while others can save a lot of costs if things are done right and the procedures are followed as per the law. There is an initial filing fee, as well as a fee to serve the papers, which can be waived if you do it yourself.
You could also represent yourself if you need to, as long as you know what you are doing or seek the right legal advice from the proper authorities, such as mediators or family or divorce attorneys and lawyers. Keep in mind they will charge a fee for their consultation. How much you spend will depend entirely on the method you choose to go with.
There is also the option of filing a ‘Paupers Affidavit’, which is proof of your financial situation, summarized onto a form, which goes to show that you may not be able to afford to pay for the proceedings and the authorities may need to waive the fees, having checked everything. This can be found on any online source to download and complete, for instance here: https://oklaw.org/resource/paupers-affidavit. In this case, if the judge decides that you are not fit to pay the fees, they will allow you to file it for free.
Debts and Property
This is a very common reason why people get separated, to begin with, after living for years the financial aspect of things kicks in and if two grown adults cannot sort out their finances, then everything else in the home takes a strain. Sometimes it is good to own one account where both of you manage it, while other times separate accounts are more advisable.
It is the court's responsibility to divide up all assets such as the property you bought when you were married or the savings, cars, furniture, decoration items, personal or sentimental pieces, etc. and separate property is that which each individual owned before they were married or received via inheritance or as a gift, and this is returned to its rightful owner. I some cases couples even agree by themselves to go their route which is to follow the logic of ‘what’s mine is mine’, however, there are many ways different couples decide to sort their items out. Debts are also divided amongst both parties.
In the case where one partner has a bad credit history, having a joint account would not be a good idea. There is never a one-size-fits-all solution when it comes to this category in the lives of those who are married and careful consideration must be taken at all times.
Applying for Alimony
The money that one partner is ordered by the court to pay the other partner, is known as alimony. Not all divorces can apply for this, and it will depend on a few aspects such as the length of the marriage and how much the judge has requested. Ask your mediator, attorney, or lawyer for advice regarding this. To avoid this from happening, and having to rely on the other partner to pay your expenses for you; before you get married or even after, discussing your finances is key to making sure it doesn’t become an issue later in life. Further tips on whether you should or should not share your finances and how to do it, can be found online.
Change of Name
Lastly, during a separation, a woman can request from the judge to change her last name back to her original maiden name before she got married or any other former name for that matter, this can be done, however, he or she cannot change the children’s names.
We hope the above information is helpful to you and helps get you started in the right direction of this process or enlighten you on it, at least.