Oklahoma Divorce Lawyers

Types of divorces handled by Oklahoma divorce lawyer

2 types of divorces exist in Oklahoma –

• Absolute divorce
• Limited divorce

The features of absolute divorce are as follows –

• A judicial termination of marriage
• Requires 6 months of residency in the state
• Based on marital misconduct or other statutory cause during marital status
• After the divorce, both husband and wife are treated as single

The characteristics of limited divorce are –

• Also known as a separation decree or separation
• Right to cohabitation terminates
• After the divorce, both husband and wife are treated as married

In 1953, the No-fault divorce was introduced in Oklahoma and it was the first state in the US to do so. Till then fault based divorces were in existence with the following grounds –

• Drunkenness
• Desertion
• Cruelty
• Alleged adultery

With the introduction of no-fault divorces, the court did not need to know who should be blamed for the divorce or the reason of getting a divorce.

Role of Oklahoma divorce lawyer in Waiver Divorces

A Waiver divorce is another term for an agreed upon divorce or an uncontested divorce. In this type of divorce, both the spouses have to accede to all the aspects of the divorce including division of property and debts. If the couple has children, the support, visitation and child custody issues must have reached a consensus. When the partners are communicating in a nice fashion and they agree to the terms of the divorce amicably, only then a Waiver divorce is possible. It has been observed that when there are many complex issues or a complicated marital estate, such type of divorce is not pragmatic.

Ethically, in a waiver divorce, one lawyer cannot represent both parties. The party which retains the lawyer is represented and the other party has to proceed Pro Se i.e. in the absence of a lawyer. The role of the lawyer is to –

• File the Petition for Dissolution
• Draft the final Decree of Dissolution of Marriage
• Draft all essential corresponding documents

The lawyer-client agreement indicates a flat fee structure. The Pro Se party may avail independent legal advice. If the parties fail to agree, then the case becomes contested and the lawyer levies an hourly billing.

Protection orders in this state

There are 3 varying types of protection orders.

Emergency temporary protection order:

• Issued by an officer of law, when the court is closed
• May be filed without knowledge of abuser
• Order is valid till the end of the next day when the courthouse is open

Emergency ex parte protection order:

• Must be filed by the person (himself or herself) while the courthouse is open
• Offers same autonomy and protection as the Emergency temporary protection order
• This order offers protection till the Final Protection Order hearing which is generally scheduled within 20 days

Final protection order:

• Can be granted after both sides have an opportunity to disclose their narration of the incident in a court hearing
• This order can last up to 3 years

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