It is therefore not so tedious to file a legal separation and convert it later if there is a good reason to do so, because the judicial requirement of legal separation is only residence at the time of filing. If you have any questions about this or your situation, you should talk to an Oklahoma attorney. You can talk to someone in my office by going to makelaweasy.com. If your spouse is ready to sign an agreed decree, fill out one of the forms above, whichever is appropriate for you. Sign the form and ask your spouse to sign it. If your spouse does not sign an agreed-upon order, go to “If your spouse does not sign an agreed-upon order” below. If you have minor children, you must calculate child support. The formula for calculating child support is mandated by the state and is based on each spouse`s salary, the time each spouse spends with the children, and other factors. To calculate child support, click here. Enter the data requested by the website. The website then generates a child support calculation that shows how much child support you or your spouse will have to pay. You and your spouse must also sign this form.
If you have minor children, you must decide whether you have sole custody or joint custody. To understand the difference between sole custody and shared custody, click here. Note that this information only gives a broader overview of marriage separation arrangements in Oklahoma, but no information about the legal aspects of dividing property. A marriage separation agreement may be the most important step you take when proceeding with legal separation in the state of Oklahoma. Legal separation in Oklahoma allows spouses to remain married but live apart. Without ending the marriage, the Oklahoma court divides the property and can provide alimony and determine custody of the children during a legal separation. Before divorce, some couples opt for a legal separation because it solves many of the problems that need to be addressed in a divorce. Couples can also opt for separation for religious reasons, to maintain health insurance coverage, for tax reasons or while the spouses wait for the legal divorce deadline. But there is a caveat to divorce if a couple has children. If you have minor children, the Oklahoma Family Court will impose a ninety (90) day waiting period before concluding divorce hearings. In this case, a legal separation is the best option, as you can divide your property while waiting for the divorce to be finalized.
Maintenance can also be awarded without divorce and each spouse has the right to receive and apply for it in the event of legal separation. Support payments may be made in cash or real property and personal effects and in whole or in instalments. Some jurisdictions do not allow you to be in the same place of residence if you are legally separated. The law continues to consider the couple married upon legal separation. The only way to end a marriage is to turn separation into divorce. A separation agreement is a document that two people in a marriage use to share their property and responsibilities as they prepare for separation or divorce. In Oklahoma, husband and wife can apply for legal separation in the county where both spouses reside. One or the other spouse must have lived in the state of Oklahoma for at least six months prior to filing. In addition, the plaintiff must have resided in the county where he or she wishes to file an application or in the county where the defendant resides within the last 30 days. However, if the couple lives separately in two different counties, the case can be filed in both counties. Whether you live in Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid or any other Oklahoma city, you can easily use our legal forms.
A legal separation agreement contains the full names, dates of birth, and all children of the marriage of both parties. The petition contains the date of marriage and the date of separation. The reasons must also be stated. A marriage agreement in Oklahoma is a legal document for spouses who wish to resolve certain issues regarding the dissolution of their marriage. These issues include custody, visitation and support, maintenance, maintenance and division of property. This agreement can be a useful tool for spouses, who can work together alone or with the help of lawyers or a mediator so that they can come to fair and reasonable terms for separation or divorce. The signing of the legally binding document does not in itself imply a divorce or legal separation. To dissolve a marriage or be legally separated, spouses must go through the appropriate court procedures. Either spouse who applies for divorce may file an application for the opening of divorce proceedings. There are two (2) petition forms – one for spouses without children and one for spouses with children. The petitioner must complete all the fields and sign the document in front of a notary.
A civilian cover page and a summons form must also be completed. Copies of all three (3) forms must be made prior to submission. The applicant goes to the district court and hands over all the documents to the clerk. The original application is retained by the court and the original summons is stamped and returned to the plaintiff. A registration fee will be charged; This varies by county, but typically ranges from $210 to $265. Blank forms on this website do not work for all divorce cases. These forms work for some simple divorce cases, but not for others. In another post on this site, I criticize companies that offer online forms for completing wills and estate planning. Many of the criticisms of wills also apply to filling out divorce forms online. Only a lawyer can create divorce forms that are tailored exactly to your needs.
If you think these forms don`t work for you, contact a lawyer. These are undisputed forms of Oklahoma divorce. If your divorce is contested, you may need many court documents that are not available on this website. Separation documents must be served on the defendant. The defendant must be informed of a subpoena so that he or she knows that legal action will be taken. The motion and summons must be filed with the district clerk. Before using these forms, a few words of caution are in order: as long as you are resident at the time of filing, you do not have to prove that you were a resident in the previous six months. So if you want to file it faster, you don`t want to wait the six months, you can file the legal separation now, and you may be able to apply to change it to divorce after the six-month period expires, giving the court full jurisdiction over divorce. A separation agreement is a legally binding contract signed by spouses and used to resolve property, debt, and child issues. It can be a very complex and detailed document, depending on the unique situation of the marriage. Many spouses consult a lawyer to do this, or they decide to prepare their own.
The judge reviews the forms and asks the parties any questions they think are relevant. If the judge is satisfied with the forms and responses of the spouses, he signs the divorce decree. Once your spouse has been served, he or she has twenty days to file a response with the court clerk and send you the response. If your spouse submits a response, you will have a contested divorce. Because the forms on this website are not Oklahoma divorce forms, these forms do not work for a contested divorce. If you have a controversial divorce, talk to a lawyer. If your spouse does not submit a response within twenty days, your spouse is in default. You can get a default judgment. However, if you have children, you must take a course called “Helping Children Cope with Divorce” before you can receive a default judgment. For more information on “Helping Children Cope with Divorce,” click here. Many people ask: Where can I find free divorce forms for Oklahoma? I created this page where I posted free Oklahoma divorce forms (PDF) that allow you to file for divorce yourself without a lawyer. This page also contains instructions on how to use these forms and submit them to court.
And there`s not much difference between legal separation or a separate alimony claim and a divorce application.