The Most Comprehensive Summary of Filing for divorce without a lawyer in Oklahoma
Where to start:
In order to learn How to File For Divorce In Oklahoma, you are going to need one initial document to start the Process. This document is called a Petition for Dissolution of Marriage, or commonly referred to as “Petition“. CLICK HERE TO START YOUR PETITION
Petition for Dissolution of Marriage – This document lets the court know exactly what you are trying to get accomplished. This is also the document that tells your spouse that you want to divorce them. The Petition requests that the court review the requests and issue a Decree of Dissolution of Marriage.
Divorce Forms and Divorce Papers
The Oklahoma Courts require certain forms to file for divorce. Having the right forms to file divorce papers is critical. Not every situation is the same. Below is a list of forms you may need – and more info about each one:
Entry of Appearance and Waiver of Service
Decree of Dissolution of Marriage
Child Support Computation
Qualified Domestic Relations Order
Application for Temporary Orders
Summons and Automatic Temporary Injunction
Emergency Custody Order
Can I file for divorce in Oklahoma without a lawyer?:
Answer. Yes. You can represent yourself Pro Se, which is Latin and means “for self.” We will draft the documents you need to file at your request! We will provide step-by-step filing instructions so that you understand how to file, where to file, and who to see at the Court Clerk’s office. We will take great care to make sure we coach you through every step of the process! If you both agree to sign the divorce documents, this is called an Uncontested Divorce in Oklahoma.
Our 4-Step Process is as follows:
STEP ONE: Take the Petition to a Notary Public, and sign the Petition and theAffidavit, and have the Notary sign and Notarize it.
STEP TWO: Take the Notarized Petition, make 3 copies of it, and take those copies to the Court Clerk in your County, and tell them you need to File Your Divorce Petition.
STEP THREE: After you have filed your Petition,you must wait a minimum of ONE DAY before you can have your spouse sign the documents he/she needs to sign. This is a court rule in ALL COUNTIES IN OKLAHOMA!
**** “important!” IF YOU TAKE ANY DOCUMENT TO THE COURT CLERK THAT YOUR SPOUSE HAS SIGNED AND THE DATE IS NOT AT LEAST ONE DAY AFTER YOU FILED, THEN THAT DOCUMENT IS MADE VOID AND YOU WILL HAVE TO HAVE YOUR SPOUSE RE-SIGN AND RE-NOTARIZE IT! VERY VERY VERY IMPORTANT THAT YOU UNDERSTAND THIS RULE!*****
If you have NO CHILDREN with this marriage, then the only document you need to have your spouse sign will be the Waiver of Appearance and the Decree of Dissolution of Marriage – YOUR SPOUSE WAIVES THEIR RIGHT TO APPEAR IN COURT. ALL OF OUR CUSTOMERS DO THEIR DIVORCE THIS WAY! Only the Petitioner is required to meet with the Judge! How to File For Divorce In Oklahoma
If you have Children, then there may be some other documents for your spouse to sign, such as the Joint Custody Plan, Child Support Computation, Application to Waive the 90 Day Waiting Period, and others as needed. Keep in mind this is actually very simple. Read the How to File For Divorce In Oklahoma Summary to the right to see how simple it is!
STEP FOUR: This is the day you see the Judge!The Court Clerk or the Judges secretary will have given you the court date by now. Anything, including the Waiver of Appearance, that you have not filed with the Court, take this with you on your court date!
CONGRATULATIONS! YOUR DIVORCE IS FINAL TODAY!!!! If the Judge approves everything as written, you can now begin your new chapter.
How to File For Divorce in Oklahoma
STEP ONE: SIGN, NOTARIZE PETITION.
STEP TWO: FILE PETITION AT COURT CLERK’S OFFICE
STEP THREE: WAIT 24 HOURS AFTER YOU FILE PETITION, AND THEN HAVE YOUR SPOUSE SIGN AND NOTARIZE ANY DOCUMENT THAT HAS A RESPONDENT SIGNATURE LINE AND A NOTARY SIGNATURE LINE.
***ALSO HAVE THE RESPONDENT (YOUR SPOUSE) SIGN THE RESPONDENT SIGNATURE LINE ON THE BACK PAGE OF THE DECREE!***
STEP THREE: TAKE ANY DOCUMENTS YOU HAVE NOT FILED YET BACK TO THE COURT CLERK ON THE DAY THAT YOU HAVE BEEN GIVEN TO SEE THE JUDGE!
CONGRATULATIONS! You will see the Judge now and your divorce will be granted on this day!
Petitioner – The person who files the Petition to the Court
Respondent – The spouse who receives the Petition and is given the chance to “Respond”.
100% genuine and down to earth!
They are completely AMAZING. 100% genuine and down to earth! The process is quick and easy to understand. Didn’t think that it would run this smoothly. Definitely would recommend to anyone undergoing the divorce process.
Very professional. Very courteous. Made my life easier.
Very professional. Very courteous. Made my life easier.
Be sure to have your Spouse sign the RESPONDENT SIGNATURE line on the back page of the Decree. DO NOT NOTARIZE IT!!!
Be sure to dress appropriately and modest.
Don't be nervous, relax, relief is almost here!
Don't complicate the filing instructions! It really is simple, you just have slow down and FOLLOW INSTRUCTIONS!
"important!" Remember, file the Petition with the Court before you have your spouse sign ANYTHING!
Be courteous and polite to your spouse when asking them to sign. If there are any disagreements, contact us and we can help you solve them.
This process goes so much easier for couples who can get along just long enough to File, Sign and Wait to see the Judge.
IT DOESN'T HAVE TO BE HARD! There are clients who understandHow to File For Divorce In Oklahoma and there are MANY who don't! Don't be afraid to send us an email or call us to ask for help or clarification. Remember, the title of the Document is always right below you and your spouses name
Frequently Asked Questions
Does My Spouse Have to Appear in Court?
No. In MOST CASES we handle, the spouse signs a WAIVER of APPEARANCE, because both parties agree to the terms of the divorce.
What Am I "Entitled To"?
We cannot answer questions that are deamed as "Legal Advice", because we do not employ attorneys. We can simply draft the documents and instruct you as to which document you file first and where you go to file. We can, however either direct you to an attorney if you have a question we cannot answer.
If You Don't Employ Attorneys, then How Can You Draft My Documents?
This is our MOST COMMON QUESTION. We are able to do this by helping those who wish to take advantage of their right to Represent themselves in court, Pro Se, which is Latin and means "For Self". The majority of our clients have been seperated for several years, and due to the high costs associated with attorneys, they cannot afford one. We help anyone who cannot afford to pay the fees associated with Lawyer Assisted Divorces (LADS). Again, we always recommend you consult a Divorce Attorney if you have pressing Legal Questions.
Can You List The Divisions of Property and Debts we have, Such as our Home?
Yes. We can list any property or debt you have acquired together over time.
Can I file for divorce in Oklahoma without a lawyer?
Yes. We help you obtain a "Pro Se" divorce, which is Latin and means "for self." This means you will file the documents and represent yourself, instead of paying a lawyer to do it.
What if my Spouse Get's Angry and Wants to Contest it?
Answer. This is a common problem. Luckily, you have us who are a neutral party more than willing to call your spouse and discuss the terms and try to bring the both of you to a reasonable and PEACEFUL compromise. If we cannot find a path for success, we will recommend that you see a Divorce Attorney and go the hard route 🙁***MOST CASES LIKE THIS, WE ARE ABLE TO COOL THE HEAT AND FACILITATE VERY SUCCESSFUL MEDIATION! Remember, it is most likely that your spouse is not ready to spend $10,000.00 going to Court, and this route can save them time, money and peace of mind as well!
Requirements to file for Divorce in Oklahoma
The following requirements must be met to file for an Oklahoma Divorce:
A. Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition.
B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.
Source: O.S. §43-102
Where to file for divorce, annulment and separate maintenance
A. The venue of any action for divorce, annulment of a marriage or legal separation may be in the following counties:
1. An action for divorce or annulment of a marriage may be filed in the county in which the petitioner has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the respondent is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district; and
2. An action for legal separation may be brought in the county in which either party is a resident at the time of the filing of the petition.
B. The court may, upon application of a party, transfer an action for divorce, annulment of marriage or legal separation at any time after filing of the petition to any county where venue would be proper under subsection A of this section if the requirements of subsection C or D of this section are met.
C. The court shall grant a party’s application for change of venue when the other party is not a resident of this state at the time the application for change of venue is filed, or the plaintiff has departed from this state and has been absent for more than six (6) months preceding the date the application for change of venue is filed, and transfer is requested to the county where the applying party resides in this state.
D. The court shall grant a party’s application for change of venue when the court determines that it is an inconvenient forum under the circumstances and the court in another county is a more appropriate forum consistent with the factors in subsection B of Section 551-207 of the Uniform Child Custody Jurisdiction and Enforcement Act after substitution of the word "county" for the word "state" in such section of the act, and transfer is requested to the county where the applying party resides in the state.
Source: O.S. §43-103
What Are The Grounds For Divorce In Oklahoma?
Oklahoma establishes grounds for divorce in Title 43.
If you are looking for a divorce due to a mistake by your spouse, you are required to prove at least one of the grounds listed below:
The district court may grant a divorce for any of the following causes:
First. Abandonment for one (1) year.
Fourth. When the wife at the time of her marriage was pregnant by another than her husband.
Fifth. Extreme cruelty.
Sixth. Fraudulent contract.
Seventh. Incompatibility. Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning the impact of divorce on children as provided in subsection B of Section 107.2 of this title.
Eighth. Habitual drunkenness.
Ninth. Gross neglect of duty.
Tenth. Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
Eleventh. The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
Twelfth. Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery; provided, that no divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of whom shall be a superintendent of the hospital or sanitarium for the insane in which the insane defendant is confined, and the other two to be appointed by the court before whom the action is pending, and any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant. The court shall appoint a guardian ad litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is entered.
Source: O.S. §43-101
Changes in Oklahoma Divorce Procedures and Laws
We closely monitor all changes to Oklahoma divorce laws and statutes. From time to time, the Oklahoma legislature makes new rules that directly impact the procedures for filing for divorce. Our attention to detail is one of the #1 reason a person should consider hiring us to draft your Oklahoma Uncontested Divorce Forms. The most important consideration when comparing divorce form providers is our success rate. Simply read our reviews on Facebook and Google for more proof in our proverbial pudding! 🙂
You have successfully learned How to File For Divorce In Oklahoma! Thank you for reading!
1. Focus on not fighting over petty stuff.
2. When it comes to property division are you fighting over a piece of property or a part of the emotional history?
3. How will this process affect your children if you have kids?
4. What will the end process look like if you guys settle peacefully versus trying to establish who is the worst person?
5. Your friends are not your friends during the divorce. Although they mean well they will often lead you down the road that could cost you hundreds of thousands of dollars. Having a neutral third-party mediator is an excellent option because the mediators not biased toward anyone's side.
6. Personal Property will be replaced, but friendships can be destroyed for life.
- Just because you are going to divorce does not mean you have to hate each other.
- Your ex-spouse can often be a perfect person to go to in times of need especially when you have kids together.
- Keeping the friendship in tact can reap many rewards over your lifetime. One guy was married to a barber. He doesn't want anyone else to cut his hair. Another woman has a landscaper for an ex-husband. He still cuts her grass.
Although the marriage is ended, the bridge does not have to burn. In fact, living on opposite sides of the bridge may make your relationship better when you have space. Consider the thought that having space may allow for a friendship to be rekindled, which is always better than having enemies.
7. Remember that very expensive divorces happen because of spite more so than substance. All too often, divorce attorneys are the only winners in a divorce.
8. What is the most important outcome for you? If you can narrow down and focus on a settlement that helps both parties go forward without injury or as little injury as possible, then it may be possible for your div for your divorce to not cause a massive scar on your life.
"2019 September 4 Updated"