Divorce Attorney in Tulsa, Oklahoma
Going through a divorce can be emotionally draining, and dealing with the legalities can add more stress to an already difficult situation. We understand this and strive to provide compassionate and comprehensive legal support to ease your burden.
At The Alexander Law Firm, we firmly believe that every client deserves our utmost attention, respect, and dedicated legal representation. We're based in Tulsa, Oklahoma, and serve clients throughout the area. Divorce law can be intricate and overwhelming, but we're here to guide you step by step. No matter what your situation may be, reach out to us today for support.
Divorce in Oklahoma
Oklahoma has specific laws regarding divorce that we'll help you understand. Depending on your situation, you may be dealing with a contested or uncontested divorce.
A contested divorce is a type of divorce where the parties involved cannot agree on one or more key issues, necessitating a court trial to resolve their disagreements. These issues could range from child custody and visitation rights, to property distribution and alimony. Contested divorces are typically more difficult, time-consuming, and costly due to the involvement of legal procedures and negotiations.
Despite its challenging nature, sometimes a contested divorce is necessary when the parties cannot reach a mutual agreement on their own. At The Alexander Law Firm, we provide experienced legal assistance, protecting your rights and interests throughout this process.
An uncontested divorce is a type of divorce where both parties mutually agree on all key issues, eliminating the need for a court trial. In such cases, the terms of the divorce, including aspects like child custody, property division, and spousal support, are amicably agreed upon by both parties. This type of divorce is usually faster, less stressful, and less expensive because it avoids prolonged legal procedures and negotiations. However, even in an uncontested divorce, legal representation is important to create a fair agreement.
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Eligibility to File for Divorce in Oklahoma
To be eligible to file for divorce in Oklahoma, there are certain requirements that must be met:
Residency Requirement: One of the spouses must have been a resident of Oklahoma for at least six months prior to filing for divorce.
Filing Requirement: The divorce must be filed in the county where the petitioner (the spouse who is initiating the divorce) has been a resident for at least 30 days.
Grounds for Divorce: Oklahoma recognizes both fault and no-fault divorce grounds. For a no-fault divorce, the grounds are typically "incompatibility." For a fault divorce, the grounds can include adultery, abandonment for one year, extreme cruelty, fraudulent contract, habitual drunkenness, gross neglect of duty, and imprisonment.
Waiting Period: In Oklahoma, there's a 90-day waiting period from the time the divorce petition is filed until the divorce can be granted. However, if there are minor children involved, the waiting period is extended to 180 days. This waiting period can be waived under certain circumstances.
Oklahoma recognizes both fault and no-fault grounds for divorce. Deciding on which to file can have significant implications on the divorce proceedings, and we're here to provide you with the necessary legal advice.
How Long Does a Divorce Take?
The duration of a divorce process can vary greatly depending on whether it's contested or uncontested and the issues involved.
Steps to File for Divorce in Oklahoma
Filing for divorce in Oklahoma involves the following steps:
Gather Necessary Information: Collect all necessary legal and financial documents. This includes information on assets, debts, income, and expenses.
Prepare the Divorce Petition: The petitioner (the spouse filing for divorce) needs to write a Petition for Divorce, which outlines the grounds for divorce and the desired terms.
File the Divorce Petition: Submit the completed Petition for Divorce to the appropriate county court. The filing fee must be paid at the time of submission.
Serve the Other Spouse: The respondent (the other spouse) must be legally notified of the divorce proceedings. This can be done through a professional process server or by certified mail.
Respond to the Divorce Petition: The respondent has 20 days to file an Answer to the petition, which contains their response to the divorce terms proposed by the petitioner.
Negotiation and Trial: If the divorce is contested, the parties will need to negotiate terms. If they can't agree, the issues will be decided at a trial. If the divorce is uncontested, the parties can proceed to finalize the divorce.
Finalize the Divorce: Once all issues are resolved, the court will issue a Final Decree of Divorce, legally ending the marriage.
We'll keep you informed every step of the way and work diligently to expedite the process where possible.
Divorce Attorney in Tulsa, Oklahoma
At The Alexander Law Firm, we're committed to providing you with the best legal representation during this challenging time. Our family law attorney is dedicated to your rights and best interests, so if you're in the Tulsa, Oklahoma, area, reach out to us for support. We're here to help, and we believe that you deserve nothing less than experienced legal support.
While it is preferable to settle matters outside of court, it may be necessary in cases where agreement cannot be reached on certain aspects of the divorce.
If reconciliation occurs, the divorce proceedings can be halted. It is essential to communicate this to your attorney as soon as possible to avoid unnecessary legal proceedings and costs.
Oklahoma follows equitable distribution laws, which means marital property is divided in a way that is fair, but not necessarily equal. Factors considered include each spouse's age, health, earning power, and financial needs.