Oklahoma Divorce Procedures

When the Judge declares that a particular couple is divorced, both are treated as single persons in the society. As per the law in this state, such single persons cannot cohabit with a third party or remarry for 6 months after the decree is granted.

Initial Phase of Oklahoma Divorce Procedure

After the Petitioner files a Petition, the court clerk issues a Summons. The intention of this Summons is to notify the Respondent that the divorce has been filed. Simultaneously, the lawyer of the Petitioner can apply for a temporary order. These orders prohibit the divorcing partners from executing some things. For each temporary request made by the divorcing partners, they have to testify in the court.

The divorce papers are directed to a special officer or the Deputy of the Sheriff's Office for service, except in the following conditions.

• The Respondent is missing and service is made by publication
• The Respondent has signed a waiver for service

Once the divorce papers have been served, the Respondent is allotted 20 days to file an Answer. This document is forwarded through a lawyer in the court.

Duration of Oklahoma Divorce Procedure

There are 3 scenarios that decide the duration of the divorce procedure.

• Both divorcing partners do not have any children and are in agreement to the divorce: From the filing date of the Petition, the divorce is granted in 10 days. For this, the document titled "Waiver of Process" must be signed
• Both divorcing partners have minor child(ren): It is considered which of the following occurs first
  • Entry of appearance by the Defendant
  • The first date of publication
  • Date of service of the Summons
  There is a waiting period of 90 days from the date on which one of the above three incidences occur first. Under certain clauses, the waiting period may be waived
• The divorcing partners hire a lawyer and then contest the divorce action: The duration may exceed 90 days

Violation of Divorce Decree or Temporary Orders

There are 3 things that can be done about such a violation.

• The divorcing partner is referred for contempt of court. If the guilt is proved, such a partner may be fined and / or sentenced to jail
• If there is a failure to pay money on part of one divorcing partner (like for child support or spousal support), the other divorcing partner may execute on personal property or garnish bank accounts and paychecks. Additionally, an Order of Income Assignment may be obtained. This instructs the employer of the partner at fault to forward the support amount directly to the partner who should get the money
• Criminal charges can be filed in the office of the District Attorney in the following cases
  • The divorcing partner has shifted to another state
  • The divorcing partner owes more than 5000 USD
  • There is a failure to forward child support amount for 1 year or more
  It must be testified that the child support amount is not paid.

Divorce Papers