Divorce

Filing for Divorce in Oklahoma

Uncontested or Contested Divorce in Cleveland County

Here at Redhawk Law, we are your helping hand when it comes to divorce matters. Every divorce we take on is handled as its own unique case, and we bring this attitude to all that we do for our clients during their divorce case. Whether you are seeking an uncontested or contested divorce, we have the resources and knowledge to guide you through this process every step of the way.

Grounds for Oklahoma Divorce

Under Oklahoma law, divorce is known as dissolution of marriage. The law offers fault-based divorce and divorce on the ground of incompatibility, which functions like a no-fault divorce.

Incompatibility means that you and your spouse cannot get along with each other, and one of you must be willing to testify that this is true and that you want a divorce. Additionally, under this ground, parents that have children under 18 must attend an educational program that explains the impact divorce has on kids.

Although this is the most common reason couples choose to get divorced, it may be in your interest to pursue fault-based grounds for your divorce. The grounds for a fault-based divorce include:

  • Abandonment
  • Adultery
  • Impotency
  • Habitual drunkenness
  • Cheating that results in pregnancy
  • Fraudulent contract
  • Extreme cruelty
  • Spouse is imprisoned as a convicted felon
  • Insanity

You may be compelled to go through with a fault-based divorce if your spouse is violent or otherwise unsuitable to be a parent, and you are seeking sole custody of your children. You may also seek a fault-based divorce to bolster your claim for spousal support.

You may be compelled to go through with a fault-based divorce if your spouse is violent or otherwise unsuitable to be a parent, and you are seeking sole custody of your children. You may also seek a fault-based divorce to bolster your claim for spousal support.

Requirements for Divorce in Oklahoma

In order to file for divorce in Oklahoma, there are a couple of requirements you must fulfill. First, you must meet the residency requirement. To do so, you or your spouse must reside in the state for at least half a year. One of you is also required to have lived in the county where you plan to divorce for at least thirty days.

Second, Oklahoma has a waiting period requirement. If you have children younger than 18, you will need to wait at least three months after you file before the judge will grant the final divorce order. You must also wait six months before you remarry. The only exception to the latter rule is if you remarry your ex or they pass away before the six months have elapsed.

Documents You Will Need to Prepare and File

When you begin the divorce process, the first thing you need to do is file your divorce papers with the court. All your paperwork must be filed in the county in which you currently live.

Since you are initiating the divorce, you are the filing party, which means you will need to submit various documents in order for the court to start your case. Your divorce paperwork should include:

  • The written request for a divorce
  • An affidavit, or a written declaration, in which you swear that all the information in the petition is correct
  • Identifying information about your children like their initials and birthdate, and where they have lived in the five years preceding the divorce.
  • Notice of Summons to serve papers to your soon-to-be-ex.

Once the paperwork is filed, the law requires you to provide copies of all documents to your spouse. To do so, you will need to serve the papers to your spouse, which can be a tricky and often difficult endeavor. You can serve them through the sheriff’s department or a private process server. The latter is often the best means of completing this task, as process server companies have developed numerous strategies to get the job done.

Disclosing Assets and Debt

Another thing to consider in your divorce is the division of your property and debt. You and your spouse will be required to disclose all your respective assets and debts. You should make no attempt to hide anything from the court. Doing so can result in stiff financial penalties.

You should also ensure that your spouse is playing by the rules. This is especially important if you are going through a high net worth divorce. Your Norman divorce attorney can help you in this matter by hiring a forensic accountant who will trace and track every penny owned by your spouse.

Common Divorce Issues We Resolve

We stress putting our clients first and treating them like we would a close family member. We aim to ensure you are well equipped with knowledge so you can determine the type of divorce that will best suit your needs. Leave the rest up to us. We have over a decade of experience adapting our strategies to fit the various needs of our clients seeking a divorce. We resolve a wide variety of divorce issues, the most common being: 

  • Pre-divorce and post-divorce planning
  • Identification, valuation, and division of property and assets
  • The division of retirement accounts, benefits, and QDROs
  • Child custody
  • Child support
  • Spousal support (also known as alimony)
  • Post-divorce modifications
  • Relocation
  • Divorces involving criminal charges of domestic violence or abuse
  • Military divorce
  • Mediation and other alternative dispute resolution methods

The Top 5 Most Common Types of Divorce

With the amount of options available for couples seeking divorce, it is best to weigh out your options with an experienced attorney before making any moves.

Here are some of the most common types of divorce you can file for in Oklahoma:

  • Mediated divorce: This is a type of alternative dispute resolution method. During this process, a mediator, or neutral third-party will be brought in to help the couple negotiate until they can come to an agreement.
  • Collaborative divorce: Each spouse is represented by a lawyer in this process, which asks both spouses to sign an agreement so that they will keep their matters out of court. This keeps the divorce private. If the couples cannot come to an agreement, another type of divorce may be needed.
  • Uncontested divorce: This happens when both spouses are in agreement and decide to file all their paperwork together to finalize their divorce. This is typically the easiest and most inexpensive type of divorce.
  • Default divorce: This is a rarity, but in this type of divorce, one spouse cannot be located or has refused to answer his/her divorce petition, so the serving spouse can petition a judge to grant a divorce by default.
  • Contested divorce: This type of divorce happens when both spouses cannot come to an agreement on important decisions, including child support, assets and property division, etc. so they take their case to court. A judge will listen to both spouses during this court hearing and come to a decision.

Let Redhawk Law Help You Through This Transition

Divorce is not an easy process, but it does not have to be that difficult to resolve. Our team of legal professionals are happy to help you determine which type of divorce best suits your specific situation and needs. We offer compassionate counsel and are transparent throughout the entire process, so you always understand what is happening with your case.


Fill out a contact form online today or call us at(405) 266-5072 to learn more about how we can help you through your divorce.


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