Uncontested Divorce in Oklahoma
In an uncontested divorce, a couple agrees on both the grounds to divorce, as well as to a financial and child custody settlement. In Oklahoma, as in many other states, an uncontested divorce can proceed much more quickly than a divorce in which one or more issues are in dispute.
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Grounds for Divorce
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Oklahoma law provides for both fault-based and non-fault divorce grounds. A couple can choose to divorce on the grounds of incompatibility, or for one of 11 other "fault" grounds, which include adultery, imprisonment for a felony crime, extreme cruelty, abandonment and "habitual drunkenness."
Residency Requirements
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In order to get an Oklahoma divorce, one spouse must be an Oklahoma resident for six months or more. The spouse filing the divorce should do so in the county where that spouse lives. If the filing spouse does not live in Oklahoma, that spouse should file in the county where the non-filing spouse currently resides.
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Property Division
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Oklahoma is an "equitable distribution" state. If a couple divorces, the courts typically award each spouse any property that they brought into the marriage, as well as any property that they inherited. In an uncontested divorce, the couple is expected to divide up their property, with guidance from their lawyers, according to the needs of both parties.
Child Custody
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The law in Oklahoma does not favor either joint custody or sole custody. In an uncontested divorce, a couple will work out a custody arrangement that suits their family's needs.
Time Frame
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If a couple has children, an uncontested divorce can take about 90 days to complete following the filing of a divorce petition. If the couple does not have children, an uncontested divorce can take as little as 10 days.
In Oklahoma, it is against the law for a divorced person to remarry or live with someone other than the original spouse for six months after a divorce. If a couple reconciles during this six month period, they can ask the court to rescind the divorce.
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References
- Photo Credit Oklahoma state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
