How to File Divorce Forms In Oklahoma Without a Lawyer
Humans are by nature relational creatures, this disposition towards relationships starts from infancy as the child will be reliant on the parents for care. As adults, we depend on and relate with one another for various reasons some of which include; business, academics and very importantly, for intimacy.
For these reasons, relationships are encouraged among individuals. Sometimes, these relationships even lead to marriage which is primarily the legal union of a couple who love each other and would want to spend their lives together.
However, not all human relationships work out. Disputes do arise, irreconcilable differences sometimes occur. These disputes sometimes lead to the breakdown of relationships even marriages. However, the law provides a means through which these breakdowns can be legally effected. In the marriage instance, the legal dissolution of a marriage is called a divorce.
Understanding Divorce Matters
Divorce as earlier stated is the legal dissolution of marriage. It is a process that ends in the marriage being declared dissolved by a competent legal authority (basically a judge). Also, responsibilities between the spouses are also rearranged and decided upon especially in situations where there are children from the marriage. You can read more about it here.
It should be noted that first, matrimonial laws (laws guiding marriage) differ worldwide from country to country. This is because, a lot depends on the legal system and the cultural practices of the people in the country that in most cases, influence their matrimonial laws. Understanding the matrimonial laws of a country’s legal system is important as it defines in the first instance what constitutes a legal marriage and how it can be contracted. Anything outside of the prescriptions of a country’s matrimonial laws is void.
What Is The Law In The United States?
Here in the United States, the Constitution provides that marriage regulation is a matter of state law and is therefore, not a federal law. However, this power is not absolute as the law provides that where there is a clash between the provisions of the federal law and state law, the federal law prevails (such as in interstate commerce and a state’s marriage laws). Secondly, the federal law overrides the state law on matters pertaining the bill of rights.
The implication of the above is that states have their own laws concerning marriage in the United States of America. This also has the effect of ensuring that there are divergent legal processes and procedures on marriage and divorce matters from state to state. And so, one has to first understand how the marriage legal system in the state of residence works.
Divorce Matters In Oklahoma
Generally, it is advised that parties intending to kick start divorce processes should consult an attorney and most preferably a divorce attorney. The reason for this is simple; all legal matters involve certain technicalities that an unlearned person (someone without a proper legal qualification) would not understand. This would of course lead to certain mistakes that can cost the party who failed to engage an attorney dearly, more especially, if the other party brought or engaged an attorney.
However, as a matter of law, the Oklahoma law allows for individuals to file divorce proceedings legally referred to as dissolution of marriage. The following explains how to file divorce forms in Oklahoma for those who may be considering handling this by themselves.
Petition For Dissolution Of Marriage
This is the document with which you kick start the process. This document informs the court about what you have set out to do and what you want to accomplish from it. It is also the document with which you inform your spouse that you want out from the marriage. This petition must be accompanied by an affidavit; a written declaration on oath that all affirmations in the petition are true.
Grounds For The Petition For Dissolution Of Marriage
It is expected that you state in your petition the grounds for your application for the dissolution of the marriage. Note that you have to be ready to prove any of these grounds being alleged. These are some of the grounds for the application:
- That your spouse has abandoned you for over a year.
- That your spouse committed adultery.
- That your spouse is impotent.
- That your spouse is a habitual drunk.
- That your spouse’s infidelity (a female in this case) resulted in pregnancy during the marriage.
- That the marriage contracted was fraudulent.
- That your spouse is extremely cruel (extreme cruelty).
- That your spouse fails to provide financially for you (ground of gross neglect).
- That your spouse has been imprisoned for a felony conviction.
- That your spouse has been insane for at least a five (5) year period.
It is important to note that you do not have to state all these grounds as your reason for filing the application rather, one or more of the above grounds depending on your situation will suffice. Another point to note is that the application for dissolution of marriage must not be on any of the above grounds, this is because, of a no-fault divorce option.
A no-fault divorce option is a dissolution of marriage option that allows you to file your application without stating the grounds for the breakdown of the union. Here, you can simply state that you and your partner are no longer compatible. This option is actually quite popular and many people usually tow this route.
Again, it is a must that you serve a Notice of Summons on the other party (the spouse that you want to be separated from). Without this, you would be in breach of the requirements for dissolution of marriage.
It is required by Oklahoma law that at least one spouse would have resided for at least six months in the state. in addition to this, at least one of you should have resided in the county where you want to file the petition for at least thirty days. You can find out more on this at https://www.womenslaw.org/laws/ok/divorce as it is really important that you seek guidance on this issue.
Relationships no matter how well intentioned do not always achieve the expected purpose or give the fulfilment that the parties hoped for. Rather than continue the relationship, the parties sometimes opt to end it.
The same also applies to marriages. When a couple decides that they can no longer continue in their marriage union, divorce is the legal way to end the marriage.
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