All relevant information regarding divorces in the state of Oklahoma is given below:
To file for divorce in Oklahoma, either spouse must have been living in Oklahoma for at least six months. The divorce can be filed in the county where the person filing for divorce currently lives, or has lived for at least a month.
To file for divorce, proper grounds and reasons must be established that both partners can agree on. These may include:
1. No fault reasons including incompatibility between partners
2. General reasons that include:
The courts decide whether to give joint or sole custody based on the interests and preference of the child. The court encourages that both parents be involved in the life of the child and make decisions jointly. Preference for schooling, homes and sex of the parent are not taken into account. Visitation rights are greatly focused upon in the decision. If joint custody is awarded, the court first requires that a parenting plan be submitted.
Being an equitable distribution state, Oklahoma allows both partners to keep any property that they purchased before the marriage as well as any property given to them through gifts and inheritance. All other property will be divided among the partners in a fair and just manner. A portion of the other property may be put aside to be used in child support or alimony payments.
There are no major factors considered when alimony is selected. Either partner, depending on their income and property may be ordered to pay alimony to the other. This payment can be in the form of lump-sum one-time payment or it may be in the form of periodic installments.
The parent who has been awarded custody will be responsible for the educational and other needs of the child as best as they can. A portion of the other parent's income will also be allotted towards child support. Only the income and property of the parents is taken into account when deciding. The Oklahoma Department for Human Services can give access to forms and worksheets so that parents can get information. These forms are available with the clerks also. In some cases, guarantees or bonds will be required by the courts to confirm payments.
In case of joint custody disputes occurring after the divorce, the courts may order that a mediator be appointed.
There is no need of a lawyer when applying for divorce in the state of Oklahoma. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Oklahoma, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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