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Oklahoma Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Oklahoma Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Divorce with the court.

Court Name:
State of Oklahoma, In the District Court, ___________ County

The proper name of the court in which a Divorce is filed in the state of Oklahoma. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.okdhs.org/childsupport/

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Petition for Divorce

The title and name of the legal document that will initiate the Oklahoma Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Oklahoma Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

A spouse may sue the other spouse for separate maintenance without filing for divorce. The action may be brought in any county where either spouse resides. The grounds for requesting non-divorce-based alimony are: (1) impotence; (2) adultery; (3) abandonment for 1 year; (4) imprisonment; (5) confinement for incurable insanity for 5 years; (6) cruel and inhuman treatment; (7) fraud; (8) habitual intemperance (drunkenness); (9) the wife pregnant by another at the time of the marriage; (10) gross neglect; and (11) incompatibility. [Oklahoma Statutes Annotated; Title 43, Sections 101 and 129].

Property Distribution:
Equitable Distribution

The applicable Oklahoma law that will dictate how property and debt is to be divided upon Divorce.