How To Obtain A No-Fault Divorce In Oklahoma

Divorce, undeniably one of life’s most challenging and stressful experiences, can become an exceedingly complicated process, even when both parties are in agreement about ending the marriage. This complexity is especially true in states that require legal fault to grant a divorce. Thankfully, for those residing in Oklahoma, there is a no-fault option available, offering a more straightforward and efficient process. In this comprehensive guide, we will delve into the intricacies of obtaining a no-fault divorce in Oklahoma.

Understanding No-Fault Divorce: Simplifying the Process

A no-fault divorce, unlike its fault-based counterpart, does not demand either party to establish legal fault or assign blame for the dissolution of the marriage. Instead, this process is rooted in the acknowledgement that irreconcilable differences have irreversibly damaged the relationship. Embracing this ideology, a no-fault divorce expedites the legal proceedings, eliminating the need for extended trials or investigative procedures. Should both parties concur that their issues are insurmountable and divorce is the only viable solution, the process can reach completion relatively swiftly.

Essential Requirements for Initiating a No-Fault Divorce in Oklahoma

Prior to commencing the no-fault divorce process in Oklahoma, certain prerequisites must be met to ensure a smooth progression. Firstly, at least one of the spouses involved must have resided in Oklahoma for a minimum of six months before filing for divorce. Secondly, the marital union itself must have endured for a period of at least six months. Lastly, both parties must mutually accept that the marriage has irrevocably crumbled due to irreconcilable differences.

Step-by-Step Guide to Filing for a No-Fault Divorce in Oklahoma

To initiate a no-fault divorce, the initial step entails completing and filing a petition for dissolution of marriage. Within this document, the grounds for seeking the divorce must be clearly stated, with emphasis on the irreconcilable differences as the basis. Additionally, comprehensive information regarding any children, property, and financial factors related to the marriage must be provided.

Once the petition has been submitted to the court, it is imperative to serve the spouse with a copy of the document and a summons. This service may be executed via certified mail, in person, or through a capable process server. The receiving spouse is then given a period of 20 days to respond to the petition.

Declaration of Irreconcilable Differences: A Mutual Agreement

Should the spouse respond to the petition and express agreement towards the divorce, both parties can jointly submit a declaration of irreconcilable differences. By doing so, both individuals confirm their consent regarding the termination of the marriage due to insurmountable discrepancies. To validate the declaration, it must be notarized and signed by both parties.

However, if the spouse fails to respond to the petition within the designated 20-day period, the petitioner has the option to file for default. After a specified duration has elapsed, the court will issue an automatic default judgment. This judgment signifies the court’s approval for the divorce and ensures the equitable distribution of assets in accordance with the information delineated in the original petition.

Finalizing the No-Fault Divorce: Securing the Decree

Upon filing the requisite documentation, attendance at any obligatory court hearings, and collaboration with an attorney to navigate asset division or child custody and spousal support matters, the court will issue a final divorce decree. This decree officially terminates the marriage, ratifying the divorce as a binding legal agreement.

Conclusion

A no-fault divorce in Oklahoma presents an ideal solution for couples who have mutually agreed upon the termination of their marriage. The process, significantly less burdensome compared to fault-based divorces, absolves individuals from shouldering blame for the relationship breakdown. If you are contemplating divorce in Oklahoma and believe a no-fault option aligns with your circumstances, it is crucial to consult with a knowledgeable family law attorney. They will provide guidance on the process’s intricacies and ascertain that you satisfy all the necessary criteria to proceed seamlessly.