Oklahoma Uncontested Divorce

This information is an overview of the uncontested Oklahoma divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those "do it yourself divorce" filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Oklahoma.

To file for a divorce in Oklahoma, either spouse must be a resident of the state for six months before filing. The action may be filed in a county where the Petitioner has lived for 30 days, or it may be filed in a county where the Respondent lives.

No-Fault grounds are incompatibility. General grounds are 1) impotence, 2) adultery, 3) abandonment for a year, 4) imprisonment, 5) confinement for incurable insanity for five years, 6) cruel and inhuman treatment, 7) fraud, 8) habitual intemperance, (9) wife pregnant by another man at the time of marriage, 10) gross neglect and 11) a foreign divorce not recognized in Oklahoma.

Actions are filed in the District Court of the county. The filing spouse is called the Petitioner; the responding spouse is called the Respondent.

All of the general grounds for divorce, plus incompatibility and except a foreign divorce, are grounds for a legal separation.

Here are some of the forms that are required to file a divorce in Oklahoma:

> a Domestic Relations Cover Sheet for both the Petitioner and the Respondent, which profiles the parties in the action;

> a Petition for Divorce, which identifies the parties and the relief sought;

> an Automatic Temporary Injunction Notice, if applicable, which enjoins the parties from harassing each other or dissipating marital assets and prohibits them from removing minor children from the state;

> a Verification, which authenticates the Petition;

> a Marital Settlement Agreement, which spells out the terms and condition of the division and distribution of marital property;

> Financial Affidavits for both the Petitioner and the Respondent, which profile the finances of both parties;

> a Child Support Schedule, which deals with child support, if applicable;

> a Child Support Worksheet, which shows the calculation of support based on state guidelines, if applicable;

> an Entry of Appearance and Waiver of Service, which is filed when the Respondent agrees to waive service of process;

> a Notice of Final Hearing, which is given to the Respondent when a hearing is scheduled.

> a Decree of Divorce, which when signed by the court ends the marriage.