Divorce is a painful and trying ordeal that few enter into lightly. A married couple, once passionately in love, now know only hostility to one another or, at least, find it impossible to share the same mission anymore. After the hesitations and regrets are resolved (or simply managed), one or both spouses must determine whether to file for and how to get a divorce. This period is vulnerable for both partners, and this decision must be an informed one. Fortunately, Oklahomans have experienced and well-trained attorneys they can consult. Without them, the divorce can be more acrimonious than the marriage.
How to Get a Divorce in Oklahoma |
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Shelton Law Firm – OKC Divorce Lawyers
A prime example of Oklahoma’s superior legal resources is Shelton Law Firm. This effective team of experts is responsible for many successful divorce case resolutions in the Sooner State. Well-versed and seasoned in many legal matters, OKC divorce lawyers with Shelton Law Firm have a strong record in family law and domestic legalities. This background comes from countless hours with disputants, judges, court administrators, and opposing attorneys, as well as a thorough understanding of case law and Oklahoma statutes. Those wondering how to get a divorce will find a powerful resource and advocate in Shelton Law Firm and the team of Oklahoma divorce attorneys.
In addition to the expertise, Shelton Law Firm offers something divorcing spouses find especially helpful: empathy. Having seen many once-happy marriages sour and deteriorate, Shelton OKC divorce lawyers make no judgments about how to get a divorce, save for professional ones. Emotions range from mild resignation to tragic grief, from amity to bitterness. The attorney’s job is to respect the client’s circumstances while providing the best representation possible. The divorce may be contested or uncontested, military or civilian, resulting from abuse, abandonment, adultery, or simply a calm realization between spouses. Whatever the situation or factors, we have your back.
How to Get a Divorce: General Steps for Divorce in Oklahoma
Establish Grounds for Divorce
Courts need a reason to grant a divorce; these can be fault or no-fault. In Oklahoma, recognized grounds for fault-based divorce include abandonment (one year must pass), adultery, extreme cruelty, ongoing sexual impotence, imprisonment of a spouse, fraudulent contract, and established insanity. A no-fault divorce, on the other hand, rests on irreconcilable differences. In any case, the petitioning party must meet the residency requirement of six months in the state and 30 days in the county where you file. These are preliminary conditions for how to get a divorce.
Initiating the Divorce Process
You start the divorce by filing a petition. Divorce petitions are available through an attorney or a legal aid organization. The petition iicludes a cover sheet and a summons intended for the spouse. In addition, a filing fee gets set by the court in the county of residence. For example, Oklahoma County’s fee exceeds $250, and a fee waiver may be granted. Using an attorney for this step helps to navigate the petition more quickly and directly.
Discovery and Disclosure
Discovery begins after filing by the petitioner and the spouse’s response. This means certain information about the marriage and its partners is established. How discovery happens are:
- Interrogatories, i.e., written questions that each spouse must answer with documented corroboration;
- Depositions, or sworn testimonies, outside of court
- Requests for acknowledgments – asking one or both parties to concede the truth of certain facts.
Disclosing requested information must be exact and exhaustive – making the retention of a divorce attorney very important.
Division of Property and Debts
Over the course of a few years, couples can accumulate significant assets and liabilities. The overarching principle in Oklahoma is to allocate property and obligations equitably, not equally. This means that courts must decide what the fairest decision will look like. Applicable factors in this decision include age, health, respective incomes, who contributed what, financial need, and when assets were acquired. Having an attorney familiar with how courts distribute property and obligations in various circumstances is a great asset to you. Using all of your resources helps you figure out how to get a divorce successfully.
Spousal Support (Alimony)
Courts must answer several questions concerning one spouse supporting the other. Which spouse is obligated to pay? Can that person afford it? Does the other need spousal support to make ends meet? Is alimony payable in some other asset than money? Not a consideration is the gender of either party. An experienced lawyer can view the questions from all sides and advocate for the client appropriately.
Child Custody and Support
Who retains physical custody of children – and the financial duties of the non-custodial parent – is a determination judges must make based on the children’s best interest, their physical and mental health and safety, as well as their character formation. Since little of this is exact science, the judge seeks as much information about home life as possible. Oklahoma is formally a “50/50” state where joint legal custody is the default position. Still, many realities can demand a different arrangement.
Child support payments derive from the court evaluating each spouse’s income and revenue streams. Using the income shares model, an Oklahoma court works out a support regime that honors each spouse’s financial capacity. Ongoing health problems and special needs also receive consideration. With all of these variables, a divorcing spouse benefits from legal advice from an attorney who has experience negotiating over these numbers.
Finalization of Divorce Decree
After hearings, a settlement agreement is drafted and revised relative to alimony, custody, support, and property/debt allotments. When the spouses reach an agreement in uncontested divorces, the law requires a period of waiting – 10 days if children are not elements of the agreement; otherwise, 90 days. Worth noting is that contested divorces can consume more time than when spouses agree. The judge can issue the final divorce decree after the settlement is filed with the court and the waiting period expires. As with all of the prior divorce papers, the decree should receive a thorough examination by the divorce attorney to confirm that the decree corresponds to the terms of the settlement agreement in full. This is the last step in how to get a divorce.
Why Choose Shelton Law Firm for Your Oklahoma Divorce
The attorneys at Shelton Law Firm are thoroughly familiar with the people, divorce forms, timelines, and emotional dynamics in cases like these. They also possess the utmost comprehension of Oklahoma family law. Beyond technical expertise, Shelton Law Firm offers:
Compassion – to file for divorce is a life change, not simply a business transaction.
Client-Driven Service – divorce petitioners are as unique as fingerprints. We discern your needs and interests first.
Clear Communication – we want you to understand the proceedings every step.
If you need to speak to an OKC divorce attorney, contact Shelton Law Firm via our contact form or at (405) 550-7399. We help our clients through the whole divorce process, from filing to responding to court requests. The financial, legal, and emotional stakes are too high to go at it alone.
Disclaimer: This post reflects information of a general nature. Since every divorce has particulars, consult an attorney at Shelton Law Firm before taking legal action.
Shelton Law Firm is a trusted law office serving Oklahoma City and surrounding areas. As a leading criminal defense attorney, personal injury attorney, estate planning attorney, and family attorney, we offer a wide range of legal services to protect your rights and interests. From defending against criminal charges to handling complex personal injury cases, our experienced attorneys are committed to delivering exceptional legal counsel. Trust Shelton Law Firm for your legal needs in OKC.