Three Steps to Take Before You Can Get Divorced

Three Steps to Take Before You Can Get Divorced

Three Steps to Take Before You Can Get Divorced

Divorce is not something anyone looks forward to because of the negative emotional and financial effects divorce can have on the partners and their children. There are different types of divorce out there with different consequences and results, so it is often worthwhile to hire a divorce attorney to become aware of and protect your rights. Working with an Oklahoma family law lawyer could potentially save you from costly mistakes

Step 1: The Decision

The decision to get a divorce can be unexpected, but in other cases, certain events may have been leading up to this decision. Couples in Oklahoma are married by a ceremony or by common law. For a judge to accept your divorce case, you need to match either of those categories.

You are considered married under common law if you and your partner are over 18 years old, share the same last name, had a child, leased an apartment as a couple, or filed joint income tax returns.

Step 2: Necessities for Divorce

To legally have a divorce in Oklahoma, you and your partner must have lived in Oklahoma for at least 6 months and can only file for a divorce in the county that your spouse lives. You must also give a reason for the divorce, which is referred to as grounds for divorce. Grounds for divorce include incompatibility, abandonment for a year, and adultery.

Proving adultery may be the hardest one to collect evidence on, but abandonment just requires one partner to testify to not getting along with the other partner.

Step 3: Seeking a Spouse Agreement

You are expected to inform your partner of your intentions to have a divorce, partly by giving your partner copies of any divorce documents. This is often done through a process server or sheriff. If you cannot reach your spouse, but tried everything you could think of, you are still allowed to move forward with the divorce. 

Your spouse is expected to respond within 20 days of being given these documents. The court classifies responses as default, uncontested, and contested. Default means that your spouse failed to respond, so the judge is likely to grant you any requests for child custody, property distribution, and support. Uncontested means your spouse responded in agreement with your petition requests. Contested is when you may want to hire a lawyer because your spouse has responded with disagreement to your requests, which means you will be court summoned.

Talk to a Divorce Lawyer

Three Steps to Take Before You Can Get DivorcedIf you are going through a divorce, contact the divorce lawyers at the Putnam Law Office. We are here to help you get your life in order and ensure that you receive a fair deal by the end of the divorce proceedings. Putnam serves as an attorney in Oklahoma City, OK who puts clients first and will work with you to get this situation resolved. Call us today at (405) 726-1010 for a consultation to go over your case.

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