- Fault Grounds
- No-Fault Grounds
- Serving The Divorce Papers
- Trial And Settlement
Understanding The Grounds For Divorce
Before you can file for divorce in Oklahoma, it’s crucial to have grounds for the dissolution of your marriage. There are two types of grounds recognized in this state: fault-based grounds and no-fault grounds.
Fault Grounds
Fault-based grounds involve demonstrating that one spouse is responsible for the divorce. Examples of such grounds include adultery, abandonment, and cruel treatment. If you believe that your spouse’s actions fall under any of these fault grounds, you may choose to proceed accordingly.
No-Fault Grounds
On the other hand, no-fault grounds apply when neither spouse is to blame for the breakdown of the marriage. The most common no-fault ground is an "incompatibility" of the married couple. If you believe that your situation aligns with this no-fault ground, it may be the appropriate option for you.
To determine which grounds are best suited to your circumstances, it is highly recommended that you consult with an experienced family law attorney. They can guide you through the different options and provide valuable insights.
Filing For Divorce
When it comes to filing for divorce in Oklahoma, the process remains the same whether your spouse is incarcerated or living outside the prison walls. Nevertheless, there are differences in serving the divorce papers to an incarcerated spouse.
Serving The Divorce Papers
Serving the divorce papers to an incarcerated spouse may present some challenges, as they are often located in separate facilities. In this situation, you have a few options. Firstly, you can request the prison system to notify your spouse of the divorce papers. Alternatively, you may choose to hire a process server who can personally serve the papers or send them via certified mail.
Once the divorce papers are successfully served, you will need to wait for your spouse’s response. If your spouse agrees to the divorce, the process will likely progress more smoothly. However, if they contest the divorce, it may lead to a trial.
Trial And Settlement
If your spouse contests the divorce, you will be required to undergo the trial process. Trials can be challenging, which is why having an experienced family law attorney by your side is crucial. They can provide guidance and support throughout this phase.
During the trial, the court will assess various factors such as marital assets, debts, child custody, and support. Testimony from each party, witnesses, and other relevant evidence will be considered before the court decides on these matters.
However, if both parties can come to an agreement on the issues at hand, a settlement can be reached. Through this process, you and your spouse will determine the division of assets and debts, as well as create a parenting plan for child custody and support.
Finalizing The Divorce
Once all issues have been settled, you will need to file the final agreement with the court. The judge will carefully review the agreement to ensure it meets all legal requirements. If everything is satisfactory, they will proceed to sign the divorce papers.
Final Thoughts
Undertaking a divorce can be an emotionally charged and stressful experience, especially when relying on the prison system to serve the divorce papers. To alleviate some of the burdens associated with this process, it’s highly recommended that you work with an experienced family law attorney. They possess the knowledge and expertise required to guide you through the legal complexities, ensuring a smoother journey towards the dissolution of your marriage.
