Divorce in OK: What You Need to Know Before Filing

Meason & Morris Law discusses Divorce in OK: What You Need to Know Before Filing

Are you thinking about getting a divorce in Oklahoma? This is a very big choice. It can feel scary and confusing. You might have many questions. How do you start? How long does it take? What happens to your house and your money? What about your kids?

These are all normal questions to ask. The good news is that you do not have to do this alone. A good family law attorney can help you understand the rules. They can help you protect your rights and your future.

In this guide, we will talk about what you need to know before you file for divorce in Oklahoma. We will cover the basic rules. We will talk about how to divide your things. We will talk about child custody and support.

We will also talk about why you might need a lawyer. At Meason & Morris Law, we have helped many people just like you. We have 50 years of combined legal experience. We know how to help you get through this hard time. Let us look at the facts you need to know today.

The Basic Rules for Divorce in Oklahoma

Before you can get a divorce in Oklahoma, you must follow some basic rules. These rules are called "residency requirements." This means you must live in the state for a certain amount of time. In Oklahoma, you or your spouse must live in the state for at least six months before you can file for divorce. You must also file your papers in the right county.

Usually, you file in the county where you have lived for the last 30 days. Or, you can file in the county where your spouse lives. If you do not follow these rules, the judge might not let you get a divorce.

It is very important to get these rules right. If you make a mistake, it can slow down your case. It can also cost you more money. This is why many people hire a family law attorney. A lawyer knows all the rules. They can make sure you file your papers in the right place and at the right time. They can save you a lot of stress and worry.

Why Do You Want a Divorce?

When you file for divorce, you must tell the court why you want to end your marriage. This is called the "grounds" for divorce. In Oklahoma, there are two main types of grounds. You can have a "no-fault" divorce or a "fault-based" divorce.

A no-fault divorce is the most common type. This means that neither person did anything wrong. You just do not get along anymore. In Oklahoma, this is called "incompatibility." You do not have to prove that your spouse did something bad. You just have to say that you cannot live together as a married couple anymore. This is usually the fastest and easiest way to get a divorce.

A fault-based divorce is different. This means that you are blaming your spouse for the end of the marriage. Oklahoma has several fault-based grounds. Some of these include:

• Abandonment for one year. This means your spouse left you and did not come back.

• Adultery. This means your spouse cheated on you.

• Extreme physical or mental cruelty. This means your spouse hurt you or was very mean to you.

• Fraud. This means your spouse lied to you to get you to marry them.

If you choose a fault-based divorce, you must prove your claims. You must show the judge evidence. This can make your divorce take much longer. It can also make it cost more money. It can make you and your spouse very angry at each other. You should talk to a family law attorney before you decide which type of divorce to file. They can help you choose the best path for your case.

How Long Does a Divorce Take?

Many people want to know how long their divorce will take. They want to get it over with as fast as possible. In Oklahoma, the time it takes depends on your situation.

If you and your spouse agree on everything, you can get a divorce very fast. This is called an "uncontested" divorce. You agree on how to divide your things. You agree on child custody and support. If you do not have children, you can get your divorce in just 10 days after you file your papers. This is the fastest way to get a divorce in Oklahoma.

But, if you have children, the rules are different. Even if you agree on everything, you must wait at least 90 days. This waiting period starts when you file your papers or when your spouse is served with the papers. The state wants to make sure you have time to think about your children. They want to make sure you are making the best choices for them. Sometimes, the judge can waive this waiting period. But this is rare.

If you and your spouse do not agree on things, your divorce will take much longer. This is called a "contested" divorce. You might have to go to court many times. You might have to go to mediation. Mediation is when a neutral person helps you and your spouse talk about your problems. If you still cannot agree, you will have to have a trial.

The judge will listen to both sides and make a decision. A contested divorce can take many months or even years. Having a good family law attorney is very important in a contested divorce. They can help you fight for what is fair.

Dividing Your Property and Debts

One of the hardest parts of a divorce is dividing your things. You have to divide your house, your cars, your money, and your debts. In Oklahoma, the law says that marital property must be divided fairly. This is called "equitable distribution." Fairly does not always mean equally. It does not always mean a 50/50 split.

The judge will look at many things when deciding what is fair. They will look at how long you were married. They will look at how much money each person makes. They will look at the health of each person. They will also look at who is taking care of the children. The judge wants to make sure that both people have enough money to live after the divorce.

It is important to know the difference between "marital property" and "separate property." Marital property is anything you bought or earned during the marriage. This includes houses, cars, bank accounts, and retirement accounts. Separate property is anything you owned before you got married. It also includes gifts or inheritances that were given only to you. Usually, you get to keep your separate property. But, marital property must be divided.

Dividing property can be very tricky. Sometimes, people try to hide money or lie about what they own. You need a family law attorney to help you find all the assets. They can help you value your property. They can make sure you get a fair share of everything. They can also help you protect your separate property.

What About Alimony?

Alimony is money that one spouse pays to the other spouse after a divorce. It is also called "spousal support." Alimony is not automatic in Oklahoma. The judge will only order alimony if one spouse really needs it and the other spouse can afford to pay it.

There is no set formula for alimony in Oklahoma. The judge will look at many factors. They will look at how long you were married. If you were married for a long time, you are more likely to get alimony. They will look at your standard of living during the marriage. They will look at your education and your ability to work. They will also look at how much you helped your spouse build their career.

Alimony is usually not meant to last forever. It is meant to help you get back on your feet. It is meant to help you pay your bills while you look for a job or go back to school. Sometimes, alimony is paid in one lump sum. Other times, it is paid every month. If the person receiving alimony gets married again, the alimony usually stops.

If you think you need alimony, or if you are worried about having to pay alimony, you should talk to a family law attorney. They can help you understand the rules. They can help you argue your case to the judge.

Child Custody: Doing What is Best for the Kids

If you have children, child custody is the most important part of your divorce. In Oklahoma, the judge will always look at what is in the "best interests of the child." This means the judge will make choices that keep the child safe, happy, and healthy.

There are two types of custody in Oklahoma: legal custody and physical custody. Legal custody means you have the right to make big choices for your child. This includes choices about school, doctors, and religion. Physical custody means where the child lives.

The judge can award sole custody or joint custody. Sole custody means only one parent has legal and physical custody. The other parent usually gets visitation rights. Joint custody means both parents share legal and physical custody. The child spends time living with both parents. Both parents get to make big choices for the child.

Oklahoma law encourages both parents to be involved in the child's life. The judge will usually try to give both parents time with the child. But, if one parent is dangerous or abusive, the judge will protect the child. The judge will look at many things when deciding custody.

They will look at the child's age. They will look at the relationship between the child and each parent. They will look at where each parent lives. They will also look at what the child wants, if the child is old enough.

Child custody cases can be very emotional. Parents often fight hard for their kids. You need a family law attorney to help you stay calm and focused. They can help you build a strong case for custody. They can help you show the judge that you are a good parent.

Why Choose Meason & Morris Law?

Choosing the right lawyer is a big decision. You need someone you can trust. You need someone with experience. You need someone who cares about your family.

At Meason & Morris Law, we believe in providing a professional and personal experience. We are led by seasoned attorneys Marty Meason and Chris Morris. We have 50 years of combined legal experience. We have seen it all. We know how to handle the toughest cases.

We focus on Family Law, Criminal Law, and Probate Law. We have trial experience, which means we are not afraid to fight for you in court. We serve many counties in Oklahoma, including Washington, Nowata, Osage, Rogers, Payne, Pawnee, and Kay counties.

We know that every family is different. We do not use a one-size-fits-all approach. We listen to your unique story. We build a strategy that fits your specific needs and goals. We are honest with you about your chances. We communicate with you clearly so you always know what is happening in your case.

Do not face your divorce alone. Let the experienced team at Meason & Morris Law guide you. Call us today at (918) 336-6300 or visit our office at 515 Delaware Ave in Bartlesville, OK. We are ready to listen. We are ready to help.

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Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.

Meason & Morris Law

515 Delaware Ave

Bartlesville, OK 74003

918-336-6300