The 405 Law Firm, PLLC

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What are the residency requirements for filing a divorce?

For a divorce to be filed in Oklahoma, either the plaintiff or the defendant must have been an actual resident in good faith, of the state for six months next preceding the filing of the petition. The divorce is then typically filed in the county in which the filing spouse resides (see Oklahoma Statutes – Title 43 – Sections: 102 and 103).


What are the grounds for a divorce?


The spouse who files the Petition for Divorce will request that the marriage be terminated under either fault-based or no-fault based grounds. The attorney representing the petitioning spouse will typically file the petition.


Fault based grounds include: Adultery, extreme cruelty, imprisonment and felony conviction, fraud and other items found in Oklahoma Statutes – Title 43 – Sections 101. Oklahoma, however, is a no fault state so practically every divorce filed in court is based on incompatibility – no-fault based grounds. This simply means that the parties have grown apart and have differences that cannot be reconciled.


What is the typical  divorce timeline?


This is difficult to answer because each divorce has different circumstances, especially if those circumstances lead to litigation. If there are no minor children involved and the divorce is uncontested, the wait period is 10 days. If there are minor children involved then you must wait a minimum of 90 days from the time you file until your divorce is final. There was a new law that went into effect on November 1, 2014 in which those parties with minor children must approve a court-approved class about children and divorce before a divorce in Oklahoma can be finalized.


As far as assets go, who will get what and how will they be divided?


This can be a touchy and tense issue for many couples that are going through a divorce. One thing to understand is that under Oklahoma law, marital assets are to be divided equitably and not necessarily equally. When a judge decides who to award any property to, that judge likely will consider many things such as the projected earnings of each spouse and the amount of debt each party received, along with some other criteria. The judge also will take into consideration whether any property was the separate property of one spouse, but was co-mingled and became marital property.

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