All the first questions one has when contemplating divorce are answered below. Look for more detailed answers to questions in other posts on this blog.
Where and When?
You must have been a resident of Oklahoma for at least six consecutive months in order to file for divorce in this state. You also need to file for the decree in the county in which you have been residing for at least 30 consecutive days. If the couple has minor children but the divorce is uncontested, there is a 90 day waiting period before the decree will be granted. Divorces with no minor children involved can be granted in as little as 10 days after the petition is filed. A contested case will usually take longer to finalize.
Who and How Much?
Of course, you can handle your case completely on your own, if conditions are amicable. However, there is the old adage, “he who represents himself has a fool for a client”. You may also hire a paralegal to draw up documents, but they cannot give legal advice nor represent you in court. The best recourse is usually to hire an attorney to make sure your interests are properly represented. Attorney fees vary by the degree of complication involved and how long proceedings are estimated to take. An attorney is barred from representing both parties in a divorce, because of conflict of interest. If the divorce is amicable and uncontested, you and your spouse may draw up your own agreement, submit it to an attorney for review, and then both of you submit it to divorce court yourselves.
What?
There are many issues to consider when divorcing. What type of assets and debts do we have and how will they be divided? Houses and vehicles may have to be sold, retirement plans divided and jointly owned business to consider. If alimony is to be paid, how much and how long? Some women opt to have a former spouse pay for the cost of obtaining an advanced degree in preparation for re-entry to the workforce. If there is a jointly owned business that would be impractical or undesirable to sell, alimony in lieu of property may be a desirable option. Who will take care of the children and for how many days per week? Who will pay for college, or for health insurance? All these points to ponder, and professional advice can be helpful in settling them.
