Oklahoma No Fault Divorce

In this state, although one of the partners is reluctant to accept the divorce, still it is possible to file for divorce. The laws in this state mention that unhappy partners cannot be coerced to continue marital life. Even if there is reluctance on part of the other partner to divorce, still the divorce can be granted.

Grounds of Oklahoma No Fault Divorce

It has to be stated that the marriage has irretrievably broken down due to incompatibility.

Residency requirements of Oklahoma No Fault Divorce

• One of the divorcing partners must have resided in the state 6 months before the date of filing
• The county in which the divorcing partner is currently residing or wherein a person has been staying for the past 30 days is selected as the venue for filing the divorce action

• The Petitioner files the divorce papers in the court and then serves the Respondent by hand-delivery or mail
• In uncontested cases, formal service by Sheriff or process server is not essential
• Once the service is complete, the Respondent puts down his or her signature on a form on which it is written that the Respondent has been served the papers. This form is then filed in the court.
• If the divorce case does not involve any minor children, there is a waiting period of 10 days. When this waiting period is complete, the divorce can be finalized
• If the divorce case involves minor children, there is a waiting period of 90 days. This means that after filing the divorce petition, when 90 days have elapsed, then the divorce can be finalized.
• The finalization of uncontested divorces takes place during a hearing. In course of this hearing, sometimes the uncontested divorce may be granted
• If the divorcing couple has minor children, then, most courts in this state have made it compulsory for such divorcing couples to undergo an educational course that comprises of information about children and the effects of divorce

Oklahoma was the first state in the United States to accept no fault divorces in 1953. Further, in 1970, Ronald Reagan, the Governor of California, introduced no fault divorce in this state. The other states in the country followed the trend initiated by these two states.

Property Distribution

The Oklahoma State title 43 121 (B) (2006) states that marital property would be divided equitably between divorcing partners. As per the law, separate property would be handed over cent percent to the owner. The following type of property is classified as separate property.

• Money and property earned by the partner or owned by the partner before the marriage
• Property that is inherited
• Property that is gifted to a particular partner
• Property bought by a partner after filing for divorce

Under some conditions, separate property is considered as marital property. For example, when separate property is mingled with marital property.

Property or money earned by either party during the marriage is named as Marital Property. However, it should not be generated from separate property.

Divorce Papers