Divorce by Publication in Oklahoma: Serving a Missing Spouse

A divorce by publication in Oklahoma is the legal method used when the defendant (non-filing spouse) cannot be located after the Petitioner has conducted a "due diligence" search. This process allows the divorce to move forward when personal service is impossible.

Ready Divorce Service specializes in preparing the complex motions and affidavits required to prove to the court that you've made a sufficient effort to find your spouse.

Step 1: Proving Due Diligence to the Court

Before a judge allows service by publication, you must demonstrate to the court that you have made a reasonable effort to find and serve your spouse personally. This requires filing a **Motion to Allow Service by Publication** and a **Support Affidavit** detailing your attempts.

Examples of due diligence attempts include:

• Attempting service at the spouse's last known address.
• Contacting known family members or friends.
• Searching common online directories and social media.

Step 2: Publishing the Legal Notice

Once the court approves your motion, you must proceed with publishing a legal notice in an authorized local newspaper. This notice legally informs your spouse that a divorce in Oklahoma has been filed against them.

• **Publication Requirement:** The legal notice must run once a week for three consecutive weeks in a newspaper authorized to publish legal notices in the county where the divorce is filed.
• **The 41-Day Deadline:** The notice must notify the Respondent that they have been sued and must file an answer on or before a time stated in the notice. This deadline must be no earlier than 41 days from the date of the first publication.
• **Proof of Service:** After the three publications are complete, the newspaper will provide you with a notarized document (Affidavit of Publication) that must be filed with the court as proof that service was completed.

Finalizing the Oklahoma Publication Divorce

Once the 41-day response period expires and your spouse has not filed an answer, the case proceeds as a **Default Judgment**. You can then finalize the divorce without their participation. The divorce will still be subject to the standard Oklahoma waiting periods:

• No Children: The waiting period is 10 days from the date of first publication.
• With Minor Children: The mandatory waiting period is 90 days from the date of first publication.

Our Specialized Divorce by Publication Services

At Ready Divorce Service LLC, we have decades of experience preparing the complex documents specific to this type of case, ensuring your forms are correct the first time. We prepare the initial petition, the motion, the affidavit of search, and the final decree to ensure you can finalize your divorce as promptly and affordably as possible.