Divorce is one of the most difficult experiences you can go through. It’s the end of a dream and can be an emotional and stressful time.
There’s much to consider as you begin this journey, and if you don’t understand the process, it’s even more difficult. That’s why we’ve prepared a divorce FAQ to address some common questions and concerns about divorce. Here’s a guide to getting a divorce in Oklahoma.
What Are the Grounds for Divorce in Oklahoma?
Oklahoma recognizes 12 grounds for divorce: abandonment for one year, adultery, impotence, a wife being pregnant with another man’s child at the time of marriage, extreme cruelty, fraud, incompatibility, habitual drunkenness, gross neglect of duty, imprisonment for commission of a felony, procurement of a divorce in another state which does not release the other spouse from the obligations of marriage in Oklahoma, and insanity for 5 years. Most divorces are granted on the no-fault basis of incompatibility, meaning the marriage is beyond all hope for reconciliation.
What’s the Minimum Amount of Time That a Divorce Takes?
Oklahoma law requires a wait of at least 10 days after filing for divorce before a judge can finalize it. If you have children and need to create a child custody agreement, the wait is up to 90 days. Parents of minor children are required to attend a co-parenting class before the divorce may be finalized.
How Are Assets and Debts Split in Oklahoma?
Oklahoma is an equitable distribution state. This means assets and debts are divided fairly, which is not necessarily equal. Absent an agreement between spouses, a judge determines asset and debt distribution to each of them.
How Is Alimony Decided in Oklahoma?
There are two prongs to determining alimony in Oklahoma. The first is one party’s need for alimony. The second is the other party’s ability to pay alimony. Circumstances of the parties are also considered.
What’s the Difference Between a Contested and Uncontested Divorce?
An uncontested divorce is a divorce where the spouses agree on how the major issues of asset and debt division, child custody and support, and alimony will be handled or agree not to go to court and work together (with or without attorneys) to reach an agreement. There are different options for an uncontested divorce, including mediation and the collaborative divorce process, if the parties cannot agree on all issues. This type of divorce is more streamlined, less costly and less stressful.
Contested divorces occur when spouses can’t agree on major issues resulting in divorce litigation and, unless the parties reach a settlement, a trial before a judge. A contested divorce is more time-consuming and costly, but litigation and trial are necessary in some situations.
Do I Need a Divorce Lawyer?
Hiring a divorce lawyer isn’t required, but it’s highly recommended. If your spouse has a lawyer, you should have one of your own.
If you’re thinking of representing yourself, consider this: Do you understand Oklahoma divorce laws? Are you familiar with how the Oklahoma Family Court system operates?
If the answer to either question is no, it’s in your best interest to have an experienced divorce lawyer by your side.
Enlist the Help of an Oklahoma Divorce Lawyer
Divorce is never easy. It’s a stressful time, to say the least, but knowing the answers to a few common divorce litigation questions can make the process a little easier. Understanding the basics about Oklahoma divorces, child custody, asset distribution, and alimony can help you be prepared for the difficult road ahead.
With so much at stake, you want to make sure you have an experienced divorce lawyer working on your behalf.
Contact one of our Family Law attorneys today to discuss your case. We’ll fight for your rights and work toward a favorable outcome for you and your children.
