As a couple moves closer to divorce in Wagoner County OK, spouses have to make a number of decisions that will affect their lives for years to come.
An Oklahoma divorce can take a short time or a longer time depending upon whether the parties are in agreement regarding issues.
A divorce in Wagoner County OK may be short if the parties are in agreement and if the divorce is uncontested. It will take longer if matters are contested. It is helpful to know what to expect as the process unfolds.
Hire an Experienced Wagoner Divorce Attorney
Once the decision is made, hire an experienced Wagoner divorce attorney. Hiring a good attorney can make the process less acrimonious and can speed up the resolution of issues between a couple.
An attorney can handle delicate and emotionally charged discussions for you in an objective and calm manner, making sure that your interests are always protected.
The decisions that you make now can have far-reaching implications. A cool head can really help during a divorce in Wagoner County OK.
Decide Upon Grounds For Divorce
You and your attorney will have to decide on the legal grounds you will declare in your divorce petition. Oklahoma has a number of legal grounds that are acceptable; some require a proving of fault on the part of the other spouse.
Oklahoma also allows for incompatibility as grounds for divorce. Incompatibility does not require a proving of fault, and makes the process quicker.
Acceptable grounds for divorce in Oklahoma include:
- Abandonment for one year or longer.
- Wife impregnated by a man other than her husband.
- Extreme cruelty.
- Fraudulent contract.
- Incompatibility. If children are involved, the parties must attend an educational program on the impact of divorce on children.
- Habitual drunkenness.
- Gross neglect of spousal duties.
- Imprisonment in a state or federal institution on a felony conviction at the time a divorce petition is filed.
- Obtaining a divorce decree from another state that does not release you from divorce in the state of Oklahoma.
- Insanity for five years or more.
Okla. Stat. tit. 43 § 101
File the Petition for Divorce in Wagoner County OK
You must have lived in the state for six months and in the county in which you are filing for 30 days prior to filing.
Everything that you declare in the petition for divorce in Wagoner County OK must be verified by you as true and correct prior to filing. This prevents angry spouses from making inflammatory and unsupportable statements.
If children are involved, they are listed by name and age in the petition.
The petition must also be served on your spouse. There are a number of documents that need to be completed, filed, and exchanged between you and your spouse as the divorce unfolds. Your attorney can help keep you on track and make sure that your documents are filed and served in a timely fashion.
If your spouse is not going to contest the divorce, the matter can be resolved fairly quickly, in as little as 10 days in some cases, once the residency requirement is met. Contested divorces are usually much lengthier and often involve a trial.
If children are involved, Oklahoma requires a 90-day waiting period before the divorce can be finalized. This allows the parents some cooling off time to make sure that this is really the best decision for everyone involved.
A Settlement Agreement is Required
You and your spouse must divide up marital property and debts. Issues of child custody, visitation, and support must be decided. Spousal support may need to be considered and resolved. All of these issues are addressed in a marital settlement agreement.
If you and your spouse can agree on these matters, it is always better. If not, your attorneys may need to negotiate the agreement on your behalf.
In either case, the settlement agreement will need to be drawn up and approved by the judge before the divorce decree is granted.
Even if you and your spouse agree on all matters contained in the settlement agreement, make sure that your Wagoner divorce attorney reviews the document carefully with you. It is easier to undo a mistake before the decree is granted.
Free Consultation: Wagoner Divorce Attorney
When your marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Wagoner divorce attorney on your side.
Call Wirth Law Office – Wagoner at 918-485-0335 today to schedule your free, no-obligation consultation.