Divorce Guide

Divorce Guide

Oklahoma Divorce Petition

The Oklahoma divorce petition, also known as Complaint for Dissolution is an important document that you have to submit during your divorce process. It is your request to the court for getting divorced from your spouse. The Petition sets the caseís fact and complaints of the spouses for granting the divorce.

The person who files the petition is known as plaintiff or petitioner, and the other party responding is known as defendant or respondent. Every divorce process in Oklahoma starts when the petition form is signed by the spouses and is submitted to the court.

For filing the petition form in Oklahoma, you have to fulfill certain residential requirements and grounds. Residency requirements must be met to accept the case by the court. If the court finds that you did not fulfill the residential requirements, it will reject your case. The requirements are: Either of the spouses filing for divorce must have been residing for six (6) months in Oklahoma before filing the petition.

The Oklahoma divorce petition should be filed on the basis of grounds which the law provides. Most of the Oklahoma divorce cases are based on no-fault divorce which means there is an irreconcilable difference in the marriage. Oklahoma divorce also deals with the cases on fault basis which can be: 1. Abandonment for one year, 2. Adultery, 3. Impotency, 4. Cruelty, 5. Drug addiction, 6. Desertion, 7. Habitual drunkenness, 8. Neglecting duty towards family, 9. Imprisonment, 10. Insanity for a period of five (5) years, and 11 Transmission of sexual diseases

When you file the petition, you will have to mention the temporary orders made on the issues like alimony, child custody, child support, property division or debt payment. The decision made on these issues remains in effect until divorce is finalized.

Process of Filing Oklahoma Divorce Petition

  1. Before filing the petition, make sure you fulfill all the residential requirements and grounds for divorce.
  2. File the petition with the courtís clerk. Along with the petition, attach necessary documents which include marriage certificate, address proof, grounds stating divorce, and name and address of the children if any and basic information of both the spouses.
  3. Once you file the petition, pay the necessary filing fees. You can enquire about the fees from the courtís clerk. If you cannot pay the filing fees, you can ask for a waiver of service.
  4. Serve one copy of the petition form and other documents to your spouse. Once you get the response from your spouse, wait for the courtís hearing.
  5. The court will make the decision by checking the form and other documents and sign the decree, stating that divorce is finalized.

Before filing Oklahoma divorce petition, make sure whether you are filing for uncontested divorce or contested divorce. In uncontested divorce, issues of children are already solved and hence, you can prepare the divorce papers on your own. In contested divorce, issues of children are not solved and for which you will need a lawyerís help. Divorce is a legal process, so it is advisable to hire a lawyer who can guide you in your case.

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