Oklahoma Divorce: What You Need To Know
What is a Divorce?
Divorce is the legal dissolution of a marriage or civil union, resulting in the termination of marital status, rights, and obligations between partners. The relationship between the married couple ends with this death-like mark.
What is a Legal Separation?
Legal separation is a court order that separates you and your spouse but doesn’t end your marriage. It allows you to end some or all financial ties with your spouse, like child support payments or spousal support payments from one partner to another.
Step to Get a Divorce in Oklahoma
In Oklahoma, the divorce process is similar to that of any other state.
The first step in getting divorced in Oklahoma is filing for divorce. You can do this by yourself or with the help of an attorney. Once you file for divorce, your spouse will be served with paperwork informing them about the divorce and where to file a response. They also have 30 days from the date they were served to respond if they want to contest the divorce or raise any issues with it. If they do not respond within 30 days, then the court will allow your divorce to proceed as uncontested.
Once your spouse has been served with the paperwork, your next step is to go before a judge at a hearing called “setting out.” At this hearing, both parties will be able to make their case for why they want a divorce and how much spousal support (alimony) they should receive if they are awarded alimony at all. This hearing is also where judges determine whether or not children will remain living with one parent over another (called physical custody) or if both parents will share joint physical custody equally (called joint physical custody).
Difference Between Fault and No-Fault Grounds for Divorce
Fault grounds for divorce include physical or mental cruelty, adultery, desertion, and habitual drunkenness. The spouse who can prove one of these grounds may be entitled to an absolute decree of divorce (i.e., one that does not require proof of any wrongdoing by the other spouse). However, in some states, the fault must be proven by clear and convincing evidence. If you want to prove a fault ground for divorce, you should consult a lawyer before proceeding so you can determine whether the court will require this standard of proof.
No-fault grounds for divorce include incompatibility and irreconcilable differences between the spouses. No-fault divorces are typically granted in cases where there are no serious allegations against one spouse by the other or where there is no evidence that either spouse has engaged in illegal conduct such as adultery or physical abuse of their children or spouse.
Divorce Attorney In Oklahoma
Divorce is never easy, but it can be made a little easier with the help of a divorce attorney. The right lawyer can help you navigate the legal system and provide the necessary advice to get you through this difficult time. Here are some reasons why you should hire an Oklahoma divorce lawyer:
1. You’ll have an attorney on your side.
2. Your lawyer will know the law and how to apply it to your specific situation, including any special circumstances that might arise.
3. Your attorney will be able to negotiate with your spouse’s lawyer for a fair settlement or represent you in court if that becomes necessary.
4. You’ll be able to avoid making mistakes that could hurt you later on down the road, such as signing a document without reading through all of its contents first or agreeing to something without fully understanding what it means for your situation (like child custody arrangements).
Divorces can be complicated. Seek legal advice if there are issues that concern you. Regardless of whether you are the filing or receiving party in a divorce, there are many complicated legal issues at stake and an experienced attorney can be of assistance. If you need assistance with your divorce, talk to an experienced New York family law attorney as soon as possible.
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