How to File for Divorce in Oklahoma

By Jackie Whalen
Sometimes a marriage ends in divorce.

man and woman divorced image by Ivonne Wierink from Fotolia.com

Filing for a Petition of Divorce in Oklahoma requires that you or your spouse live in the state for at least six months prior to the filing. You must state the grounds for your divorce, and the most common grounds are incompatibility, adultery, cruelty and abandonment. The spouse who initiates the divorce proceedings is called the petitioner, and the other spouse is called the respondent.

File a Petition for Divorce. The Petition for Divorce form is available at a county court in the district clerk's office. The petition must state the appropriate reason you are seeking a divorce. State in the petition what you seek in the divorce settlement, which may include child custody, child support, spousal support, and division of marital property and debt.

Pay the filing fee or apply for a fee waiver. Fees vary from county to county, so check with the district clerk in your county court for the appropriate fee.

Have your spouse served with divorce papers. A sheriff's deputy or special court officer will serve your spouse with the petition for divorce and court summons. Your spouse has 20 days to respond to the court summons.

Attend court for temporary orders. If you requested any temporary orders relating to child custody, child support, spousal support or marital property, you must go to court and testify about the need for these temporary orders. You must give your spouse at least five days' notice before the court appearance. You may obtain an emergency order for child custody without giving notice to your spouse if harm would come to you or your child by waiting. You must have a hearing within 10 days of the emergency order, and notice must be given to your spouse.

Attend trial. If you and your spouse are unable to reach a divorce settlement, you must attend a trial before a judge. Your divorce becomes final on the day you go to court.

About the Author

Based in Buffalo, N.Y., Jackie Whalen has been writing since 2007. She has a Bachelor of Arts degree in religious studies from the University of California, Santa Barbara. She is currently a third-year law student.

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