What is an Uncontested Divorce in Oklahoma?

An uncontested divorce in Oklahoma is one where both spouses have come to an agreement on all important issues, such as property division, division of debt, child custody, child support, and spousal support. An uncontested divorce is achieved by the defendant signing a waiver and consenting to the divorce, or by the defendant being served with divorce papers and failing to respond in a timely manner. It is important to note that it is still possible to get an uncontested divorce even if the defendant refuses to sign the divorce papers. In either case, the process starts by one spouse filing a petition for a divorce in court.

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Oklahoma Residency Requirements:

At least one of the spouses must have lived in Oklahoma for at least six months prior to filing a divorce. This requirement is set forth in Oklahoma Statute Title 43 §102. To satisfy this requirement you must state or affirm under oath that you have been a bona fide resident of this state for at least six months.

Where do I file my divorce papers?

In most cases, the plaintiff (person filing) will file their Oklahoma divorce forms at the county courthouse in the county where he or she resides. The divorce can also be filed in the county where the defendant resides. In either case, the residency requirement for the county of filing is thirty days.

Grounds for Divorce in Oklahoma

Although there are 12 grounds for a divorce in Oklahoma, the most commonly used ground for an uncontested divorce in Oklahoma is incompatibility. No wrongdoing is admitted by using incompatibility as grounds for divorce.

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Child Custody and Visitation in Oklahoma Explained

Deciding Who Makes Major Decisions for the Child in Oklahoma

Determining who has the authority to make significant decisions about a child's upbringing is known as legal custody.

Legal custody is decided based on the child's best interests, as stated in Oklahoma Statute §43-109.

In Oklahoma, Joint Legal Custody is usually considered best for the child, unless proven otherwise. [Oklahoma Statute §43-110.1].

Determining Where the Child Lives in Oklahoma

Physical custody determines where the child primarily lives, while the other parent usually has visitation rights.

In Oklahoma, the non-custodial parent typically has the same visitation rights, whether the custody is sole or joint. Exceptions may apply, especially if there's a history of domestic violence.

Visitation Rights

Visitation arrangements are flexible and can be modified at any time, as long as both parents agree and it benefits the child. If an agreement can't be reached, the court will establish a specific visitation schedule. The state offers standard visitation guidelines, which many parents find helpful to follow. These details will be outlined in your divorce documents.

Child Support Guidelines in Oklahoma

Child support is determined based on state guidelines. Using an Oklahoma child support calculator is the most accurate way to calculate the required amount. This calculator follows the child support rules set by Oklahoma law. [Oklahoma Statute §43-118]. If you and your spouse can't agree on child support, the court will use the same calculation method to determine the amount. Our online divorce service provides these guidelines and a child support calculator as part of your questionnaire.

Child Support Duration in Oklahoma

Child support in Oklahoma usually ends when the child turns 18. However, if the child is in full-time high school, the support continues until the child graduates or turns 20, whichever comes first. [Oklahoma Statute §43-112].