![Oklahoma Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Oklahoma marital settlement agreement is a legal document—a contract concluded by spouses in which they address all significant matters concerning the termination of their marriage. Once signed, this agreement becomes legally binding.
Within this document, spouses address important issues, such as the division of marital property, arrangements for children (including custody and child support), and other relevant matters.
When creating the agreement, parties can consult a lawyer for guidance or tailor existing marital settlement agreement templates to align with their unique circumstances.
Divorce Forms
The petitioner can file for divorce in Oklahoma District Court and is required to pay a filing fee from $150 to $300. From submitting the petition to obtaining a decree, spouses must wait 90 days if they have children, or 10 days if there are no children involved.
Divorce Laws and Legal Requirements in Oklahoma
Understanding the divorce laws and legal requirements in Oklahoma is crucial for anyone going through this stressful process. It regulates the most important divorce-related issues, namely:
Divorce Laws and Legal Requirements
Alimony
According to Section 134 A and Section 121 B, the court can award alimony to a spouse in need, whether as a lump sum, installments, or from the other spouse's property. It's crucial for the court to clearly state which portion is intended for economic support and which relates to the division of marital property.
When determining the method, amount, and duration of alimony payments, the court considers all aspects of the case, from health, age, and earning capacities of parties to their income and liabilities.
Child support
Child support is determined under Section 119, which sets guidelines for calculating thesupport based on a percentage of both parents' combined income. According to the provision, each parent is required to make monthly payments by a specified date each month.
Division of property
Section 121 B mandates a fair division of property acquired during the marriage, regardless of ownership. Unless the spouses present a written agreement on marital property division, the court will divide it equitably, considering all case circumstances.
Grounds for divorce
In Oklahoma Statutes, Section 101 outlines specific grounds on which spouses can seek a divorce. Some of these grounds include:
Abandonment for a year
Adultery
Impotency
Pregnancy of the wife by another man at the time of marriage
Extreme cruelty
Additionally, spouses can seek divorce due to incompatibility if they have no children under 18 or if both spouses have completed an educational program on the impact of divorce on children.
Interim support
Under Section 110 B, the court can issue temporary orders for financial support (interim support), such as temporary alimony or payment of legal fees during the divorce proceeding.
This type of financial support ensures that the spouse in need has access to necessary resources throughout the legal process.
Residency
Residency requirements under Section 102 specify that both the petitioner and respondent must have been residents of Oklahoma for at least six months immediately before filing for divorce.
This timeframe also applies to any military personnel of any United States military base or reserve stationed in Oklahoma.
How to File for a Divorce in Oklahoma in 7 Steps
To successfully file for divorce in Oklahoma, spouses should follow the next steps:
#1. Fill out the Divorce Form
The first step in filing for divorce is completing the Petition for Dissolution of Marriage. This form requires details about both spouses, including names, addresses, marriage dates, and the grounds for divorce, which is typical when spouses don’t have children.
When they do have children, the Petition will contain information about them, as well. In both cases, the petitioner (known as a plaintiff) must sign the form in front of a notary public.
#2. Fill out Additional Court Forms
Along with the divorce complaint, there are several other forms that must be completed. These typically include a Civil Cover Sheet, which contains attorney, plaintiff, defendant, and summons information, as well as the way of serving the petition and summons to the defendant. Then, there is a Summons, which notifies the other spouse about the divorce proceedings.
If the couple has children, they must provide additional forms like the Child Support Computation Form and a Joint Custody Plan, which is a parenting plan about the most important child-related matters.
#3. File the Forms With the Court
Once all forms are filled out, they must be filed with the district courthouse. The court clerk will retain the original petition and stamp the original summons, returning it to the petitioner. It is advisable to make copies of all documents for personal records before filing.
At this step, the filing fee must be paid, which varies by county but typically ranges from $210 to $265. This is a crucial step because it officially marks the start of the divorce procedure.
#4. Serve the Forms to the Spouse
The next step is to serve the divorce papers, such as petition and summons, to the other spouse, informing them of the divorce. The forms can be served by a process server, the sheriff's department, or via certified mail.
But what is more important is a proof of service, which must be filed with the court to verify that the spouse has received the documents. This ensures the spouse is formally notified about the divorce proceedings.
#5. Wait for the Defendant's Answer
After being served, the defendant has a specified period, usually 20 days, to respond. They can agree to the divorce, which would make it an uncontested one, or disagree with certain matters, which would lead to a contested divorce.
An uncontested divorce indicates mutual agreement on all terms, which can be done through a divorce settlement agreement, which is another name for a marital settlement agreement. On the other hand, contested divorce involves disagreements that may require court intervention.
If the defendant does not respond, the plaintiff can proceed with a default judgment, meaning that a decree will favor the petitioner.
#6. Attend the Hearing
In uncontested divorces, once the waiting period is over, the petitioner can request a hearing date by filing a Motion to Set Matter for Hearing form with the court clerk. Both spouses must attend the hearing and bring the necessary documents, like the Decree of Dissolution of Marriage, which has two variants depending on whether spouses have or don't have children.
The judge will review the forms and ask the petitioner questions if anything remains unclear. If everything is in order, the judge will sign the decree, finalizing the divorce. This document outlines the divorce terms, such as property division, debt allocation, alimony, child custody, and other issues.
#7. Change Your Name
If a petitioner wishes to revert to their birth name or another name, they can request this in the petition. The court will decide on this request in the decree. After deciding on it, it is important to update the name with the DMV, Social Security office, banks, and other relevant institutions.